IPC Section 8

Indian law has been seldom on the side of the LGBTQIA+ community. From the now decriminalized section 377, the British law that called any sex not between a male and a female – unnatural – to the passing of the 2019 Trans Persons Protection Bill that managed to discriminate against them while masquerading as human rights. A lot of the times, it feels pointless to argue with people who have fine-tuned their bureaucratic work to actively fight against basic human morality. In my eyes, that is when we truly lose, when we believe that it is pointless to argue. 

law books in a bookshelf

With this piece, I am not going to talk about 377 or the trans bill. I want to talk about Indian Penal Code Section 8. The entire law is quite straightforward when compared to the rest of the IPC. It states “8. Gender.—The pronoun “he” and its derivatives are used of any person, whether male or female.” (source) At first glance, I understand how one might believe that this law is doing people no harm. But, in 2020, we’re here for recognizing people. Brushing people’s gender identity aside and referring to them as he is counterproductive. It minimizes the efforts of women, trans people, and enbies (nonbinary individuals) to work towards getting away from the need of becoming masculine for recognition. Honestly, there isn’t much more to say about this. My goal with Minyamum is to raise awareness about how diversity is squashed under the language that is no longer suitable for our age. Let me know if you want me to write about something particular and I’ll do my best to get it out there! Reach me by clicking on the button below –

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