Elephant killed in Kerala: What punishment may be given?

Does it end? The struggle of LGBTQ in India

With the recent verdict of the Hon'ble Supreme Court in Navtej Singh Johar & Ors. v. Union of India which Partially Struck down the 158 year old archaic colonial provision i.e. Section 377 of Indian Penal Code,1860 (IPC) as being violative of Article 14 (Right to Equality) and Article 21 (Right to life and personal liberty) of the Constitution. Indians got their third major freedom i.e. Freedom of choice after this historic verdict. While two previous freedoms were procured earlier viz. freedom from colonial era in 1947 when India become independent and another one economic freedom when LPG (Liberalization, Privatization and Globalization) was introduced in 1991. 

The interesting fact is that England which burdened Indians with this archaic rule has decriminalized homosexuality in 1960's by "Sexual Offenders Act, 1967". 

Section 377 of the IPC states: “Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine.” a confusion here need to be cleared that Apex court merely struck down the consensual homosexual acts while the non-consensual one and bestiality are still offences punishable under section 377. 

The homosexuality is not a sin as being think by the conservative society but it is a proved medical phenomenon as the American Psychiatric Association, in 1973, and the World Health Organisation, in 1992, officially accepted its normal variant status. Even in Indian Mythology Homosexuality has been discussed elaborately in "Narad Smriti", "Shusrut Samhita" and "Kama Sutra" also the "Quran" discuss about "Liwat" (meaning sodomy).

The fight for the LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) rights got its fruit in 2009 when in Naz Foundation v. Govt. of NCT delhi (2009) case Honorable Delhi High Court Struck down section 377.But in 2013 this struggle got a major setback when Honorable supreme court upheld the validity of section 377 in Suresh Kaushal's Judgement. Then in 2014 in NALSA Judgement apex court declared Transgender as Third gender which was an another step for the emancipation of the LGBTQ community.  In 2015 the notable parliamentarian Dr. Shashi Tharoor tabled a private member bill in parliament to scrap section 377 of IPC,1860 but in vain. A new ray of hope emerged with the KS Puttuswamy Judgement (2017) famously known as "Right to Privacy" case when apex court held that sexual orientation is within the ambit of Right to Privacy.

Finally on September 6, 2018 the struggle of the LGBTQ community paid off when the bench of five honorable judges unanimously struck down section 377 of IPC,1860,

Does this mean that now the struggle of LGBTQ community ended? The answer is obvious No. This judgement merely protect the homosexuals from the clutches of criminal law. A long fight is yet to be fought to get the amendments in the personal laws as it still remain a dilemma if two homosexual got married by which law their marriage will govern? If they want to adopt a child then how guardianship and succession will be managed? Another question as if one repudiates another whether one who depends on other liable to give maintenance? If a homosexual maintain relationship with more than one person then, will it amount to Bigamy, and punishable under section 494 and 495 IPC, 1860?