What is Section 377 of the Indian Penal Code?
Section 377 of the Indian Penal Code states “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished”. In colonial times, section 377 implicated homosexual people who committed the act of sex. Some practices followed by heterosexual people were also considered as “against nature” but relief came to homosexuals when in 2018, the Supreme Court ruled out that Section 377 was not justified and made sex between homosexual adults legal. Non-Consensual sexual acts and sex with minors is still considered criminal act according to section 377.
Section 377 of the Indian Penal Code
Section 377 of the Indian Penal Code has been in controversy since earlier times. According to Section 377 of the Indian Constitution, it was considered a criminal act to indulge in sex between same-sex individuals. Over the years, Section 377 became the center of debate between various communities and the Indian Court of Law. The LGBTQ community was the most dissatisfied as it did not give them the right to privacy and divided them from the rest of the communities. On September 6, 2018, the Supreme Court gave the verdict of Decriminalizing Section 377.
In this article, you can read all about Section 377 of the Indian Penal Code, its relation to the rights of the LGBTQ community, and the debate surrounding this topic for the UPSC exam.
Table of Content
- What is Section 377 of the Indian Penal Code?
- Major Arguments Made by the Supreme Court
- Indian Supreme Court Judgment on Section 377
- Section 377 of Indian Penal Code Amendment, 2018
- Decriminalization of Section 377
- 377 Indian Penal Code Punishment
- Impact of Decriminalising Homosexuality