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Section 377 of the Indian Penal Code and Fundamental Rights: A Study
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M. Pushyamitra
PG College of Law, Osmania University, Hyderabad, Telangana, India
Abstract
Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1861 during the British rule of India. Modelled on the Buggery Act of 1533, it makes sexual activities "against the order of nature" illegal. On 6 September 2018, the Supreme Court of India ruled that the application of Section 377 to consensual homosexual sex between adults was unconstitutional, "irrational, indefensible and manifestly arbitrary", but that Section 377 remains in force relating to sex with minors, non-consensual sexual acts, and bestiality. This paper will explain the decriminalization of homosexuality in India.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1708 - 1716
DOI: https://doij.org/10.10000/IJLMH.113526Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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