Homosexuality Under the Indian Penal Code
Let’s See, The Homosexuality Under Indian Penal Code.
Section 377 Unnatural Offences.
Whoever voluntarily has carnal intercourse against the order of nature with any man, Chapman, or animal, shall be punished with or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Naz Foundation V. Govt. of NCT of Delhi ( 2009) – Section 377 is violative of Articles 14, 15, and 21.
Article 21 – Dignity, Privacy, and health of homosexuals are affected.
Articles 14 and 15 – unreasonable discrimination against homosexuals Delhi High Court held: Under section 15, discrimination based on sex is not allowed and, here sex just doesn’t mean biological sex but also sexual orientation.
Suresh Kumar Kaushal V. NAZ Foundation ( 2013 ) – Overturned the Delhi High Court Naz foundation case of 2009. Reinstated Section 377 of the Indian Penal Code recriminalizing anal sex. The Court’s Reasoning was: ” A minuscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders.”
and that the High Court had erroneously relied upon international precedents ” in its anxiety to protect the so-called rights of LGBT persons”. Navtej Singh Johar V.
Union of India ( 2018 ) – Overturned the Kaushal V. Naz foundation decision. The court unanimously declared the law unconstitutional ” in so far as it criminalizes consensual sexual conduct between adults of the same sex”.
Criminal Law Amendment Bill, 2019 – The Criminal Law Amendment Bill, 2019 is a reaction to section 377 is unconstitutional. The present law only recognizes a woman as a victim of the crime and a man as the perpetrator but this bill is aimed to make the offense more gender neutral in both regards, the victim and the perpetrator. The bill aims to recognize individuals who are homosexuals or belong to the transgender community can also be the victims of rape and also that only a man can’t be the perpetrator of a sexual offense.
