This judgement was believed to imply the unconstitutionality of section 377. A fivejudge constitution bench headed by chief justice dipak misra had reserved its verdict on july 17 after hearing various stakeholders for four days, including gay rights activists. The supreme court reversed its own decision and said. Much appreciated i have refrained myself from talking of this issue, since this is apparently a sensitive topic, like too sensitive. While for some it was the symbolic harm of their desire being designated as unnatural, for others it had a material. Get ready for upsc civil services preliminary exam 2020 with insights insta 75 days revision plan. A summary of the supreme court verdict on section 377 brief background section 377 of the indian penal code, 1860 makes certain acts illegal. Today, the fivejudge bench partially struck down section 377 of the indian penal code, decriminalising samesex relations between consenting adults. Some activists have called it a regressive and unjust law which curtails the fundamental rights of citizens.
Unnatural offences 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. Section 377 this included private consensual sex between adults of same sex. A five judge constitution bench of the supreme court on thursday pronounced judgment on a batch of petitions challenging the constitutional validity of section 377 ipc. Unnatural offences 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 10 years, and shall be liable to fine. The four judgments unanimously cited fundamental rights violations in reading down section 377.
All you need to know section 377 of the indian penal code is an archaic law that was introduced during the british era in 1860s and makes gay sex a crime for which the punishment can. Section 377 does not merely criminalise an act, it criminalises a specific set of identities, and leads to the perpetuation of a culture of silence and stigmatization, he said. According to shri venu gopal, section 377 ipc provides a punishment for unnatural sexual offences, carnal intercourse against the order of nature and does not make any. The study marks though the homosexuals has been discriminated by the society and the virus hivaids has been increased after decriminalizing section 377 in naz foundation v. Sep 06, 2018 section 377 of the indian penal code has been read down by the supreme court of india in a landmark judgment. Section 377 of the indian penal code is a section of the indian penal code introduced in 1861 during the british rule of india.
Decision of honorable supreme court on section 377 of ipc is not fair as it violates human rights. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. The aforesaid judgment, as is manifest, lays focus on inalienable. Section 377 refers to unnatural offences and says 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 10 years, and shall also be liable to pay a fine. To get a better understanding of the law it is necessary to trace its history, to understand exactly how the law came to be.
Analyses of section 377 of the indian penal code ipleaders. Read full text of scs judgement on decriminalizing homosexuality under section 377. Seldom, our society realizes or cares to realize the trauma. Decision of honourable supreme court on section 377 of indian. Prior to this judgment, the lesbian gay bisexual transgender community didnt have such rights as homosexuality was a punishable offence under sec377 of the indian penal code, 1860. Full text of judgment by justice indu malhotra published on sep 6, 2018 justice indu malhotra gave a 50page judgment decriminalising section 377 on 6 september 2018. The supreme courts recent judgment reading down section 377 of the indian penal code is a landmark on many counts. Section 377 is not merely a law about anal sex alone, but applies to homosexuality in general. The supreme court of india rewrote history on sept. They found that section 377 discriminates against individuals on the basis of their sexual orientation andor gender identity, violating articles 14 and 15 of the constitution. Section 377 ipc verdict in hindi live, ipc section 377 india supreme court sc judgement verdict in hindi.
The supreme court on thursday restored a landmark delhi high court judgement which had decriminalised homosexuality in a move that was immediately hailed by the minority lgbt community. Law student voices on this important issue need to go out. Union of india1 holding that consensual same sex under. A summary of the supreme court verdict on section 377. On 6th september 2018 a fivejudge bench unanimously struck down section 377 of the indian penal code, to the extent that it criminalised samesex relations between consenting adults. Further, they ruled that section 377 violates the rights to life, dignity. It scrapped section 377 of the indian constitution, a colonialera law banning gay sex, ending the. Thursday decriminalised homosexuality by partially striking down the colonial era provisions of section 377 of the indian penal code ipc. Pdf on may 1, 2019, chris beyrer and others published section 377. At same time, what actually is about the law, i found it too confusing.
Comparative analysis of section 375 and section 377 ipc. Full text of supreme courts verdict on section 377 on september 6. Supreme court, however, overturned the hcs decision in december 20 saying that amendingrepealing section 377 should be parliaments decision and not high courts. Indian constitution historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Section 377 day 4, session 2 homosexuality may affect institution of marriage, nation would lose its morality and virtuousness, argues groups supporting 377.
The verdict on section 377 will be one of the key defining moments before chief justice of india dipak misra hands over the reins to his successor, justice ranjan gogoi, next month. There is a lot of argument about the law such as how important. Naz foundation 20 case, set aside the delhi high court judgment and said that homosexuality under section 377 of ipc is illegal and will continue to be an offense. Full text of supreme courts verdict on section 377 on september 6, 2018. Sep 20, 2018 are you ready for insta 75 days revision plan upsc prelims 2020. Sep 07, 2018 section 377 also included consensual sexual acts of adults such as oral and anal sex in private which were treated as unnatural and punishable. Cause list announced by supreme court lists the judgement on the case to be announced at 10. Larticle 377 du code penal indien criminalise les actes sexuels contre lordre naturel, visant. Article 377 chapter xvi, section 377 of the indian penal code dating back to 1861,introduced during the british rule of india, criminalises sexual activities against the order of nature, arguably including homosexual acts. Sexual orientation is recognised and protected by the constitution. The supreme court on monday rejected the governments request to adjourn the hearing on section 377 of the indian penal code that criminalises homosexuality and makes gay sex as an offence. Pdf scribd txt or scroll down for embedded pdf or click here for a summary of the 7 creative. But while we celebrate the judgment, it is important to remember that section 377 meant different things to different groups of queer people.
Full text of supreme courts verdict on section 377 on. Section 377 of the indian penal code came more than a century ago. A cursory reading of both sections 375 ipc and 377 ipc reveals that although the former section gives due recognition to the absence. Section 377 of the indian penal code has been read down by the supreme court of india in a landmark judgment. The court upheld provisions in section 377 that criminalise nonconsensual acts or sexual acts performed on. On decriminalising gay sex oped snap polity mains paper 2. Section 377 of the indian penal code is a section of the indian penal code introduced in 1861. Section 377 of the indian penal code deals with unnatural offences.
When the 20 supreme court judgement overturned the 2009 delhi high court judgement that had read down section 377, that was a blow. In a landmark verdict, the supreme court today scrapped the controversial section 377 a 158yearold colonial law on consensual gay sex. History owes apology to lgbt, says supreme court section 377 refers to unnatural offences and says whoever voluntarily has gay sex shall be punished by up to. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Find latest updates on section 377 and decriminalizing gay sex. Prior to this judgment, the lesbian gay bisexual transgender community didnt have such rights as homosexuality was a punishable offence. Section 377 thus violated human dignity which forms the core of the indian constitution. Sep 06, 2018 the supreme court on monday rejected the governments request to adjourn the hearing on section 377 of the indian penal code that criminalises homosexuality and makes gay sex as an offence. Dec 11, 20 read legally india 2009 interview with anand grover about the 377 fight download 2009s delhi hc judgment section 377 was introduced into the 1861 indian penal code by the colonial british regime, criminalising carnal intercourse against the order of nature with any man, woman or animal with a maximum sentence of life imprisonment. Supreme court observer plain english short summary. It is an archaic colonial law that was brought in by the british.
The judgment of the supreme court in navtej johar v. The lack of a consentbased distinction in the offence has made homosexual sex synonymous to rape and equated homosexuality with sexual perversity. Section 377 of the penal code is unconstitutional in so far as it penalises a. Section 377day 4, session 2 homosexuality may affect institution of marriage, nation would lose its morality and virtuousness, argues groups. In 2009, the delhi high court passed a landmark judgment in naz foundation v, govt. It reads as unnatural offences 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. Modelled on the buggery act of 1533, it makes sexual activities against the order of nature illegal. On the contrary, section 377 trenches a discordant note in respect of the liberty of persons belonging to the lgbt community by subjecting them to societal pariah and dereliction, they said. The aforesaid judgment, as is manifest, lays focus on. It was in this limited manner that they were part of the early litigation against section 377and that too indirectly. On 6 september 2018, the supreme court of india ruled that the application of section 377 to consensual homosexual.
Section 377 fails to take into account that consensual sexual acts between adults in private space are neither harmful nor contagious to society. A landmark ruling of the honble supreme court of india overturning its own verdict on suresh kumar koushal vs. The court unanimously declared section 377 criminalizing homosexual acts as unconstitutional and repealed some of portions of the same, hence declaring all private consensual sexual acts between adults legal. Sep 06, 2018 in 2009, delhi high court had declared section 377 unconstitutional, but that decision was overturned in a ruling by three sc justices in 20 on the grounds that amending or repealing the law. Supreme court observer constitutionality of section 377 ipc. Sep 06, 2018 a cursory reading of both sections 375 ipc and 377 ipc reveals that although the former section gives due recognition to the absence of wilful and informed consent for an act to be termed as. It is our duty to strike down a law the moment we find it to be in conflict with fundamental rights. In 2009, delhi high court had declared section 377 unconstitutional, but that decision was overturned in a ruling by three sc justices in 20 on the grounds that amending or repealing the law. Sep 06, 2018 the supreme court on thursday restored a landmark delhi high court judgement which had decriminalised homosexuality in a move that was immediately hailed by the minority lgbt community.
Insights mindmaps insights on india homepage insights. We have all heard of the infamous section 377 of the indian penal code, which criminalizes homosexuality. Section 377 has always been under public discourse and discussion. If you have a case comment or a summary to share, please do so by clicking on the submit a new post option on the top right.
Decision of honourable supreme court on section 377 of. The section seems neutral in that it criminalizes certain sexual acts and not people and their identities. After the recent sc judgement, provisions of section 377 remain applicable in cases of nonconsensual carnal intercourse with adults, all acts of carnal intercourse with minors, and acts of bestiality. While for some it was the symbolic harm of their desire being designated as unnatural, for others it had a material significance. Several organizations and individuals challenged the delhi high court judgment in the supreme court. The supreme court has criminalised homosexual intercourse between consenting adults today, reversing the delhi high courts 2009 decision to overturn section 377 of the ipc, reported tv channels.
However there are numerous misconceptions regarding its origin and history. The judgment recriminalises gay and lesbian issues espoused by british commonwealth law. Section 377 of the indian penal code was no longer criminalized. Lgbt individuals are now legally allowed to engage in consensual intercourse. It was in this limited manner that they were part of the early litigation against section 377 and that too indirectly. A fivejudge bench led by cji dipak misra diluted section 377 of the indian penal code, to exclude all kinds of adult consensual sexual behaviour. It is no surprise that section 377 was part of the indian penal code of 1860, a brutal law imposed upon us by an alien, colonial regime, exemplifying alien cultural values. Union of india has changed the life of many in the country. A judgement made by the supreme court of india that overturned the 2009 judgement of the delhi high court of section 377 being unconstitutional. Section 377 ipc verdict in hindi, ipc section 377 india.