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Constitutional Validity of Section 377 of Indian Penal Code: An Analysis of Recent Judgment of Supreme Court of India

Nagendra Ambedkar Sole, Professor, Department of Public Policy, Law and Governance & Dean, School of Social Sciences, Central University of Rajasthan, Ajmer, Rajasthan 305817, India. , Tanvi Yadav* , Nagendra Ambedkar Sole**

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International Journal of Political Science 4(2):p 81-86, Jul-Dec 2018. | DOI: DOI: http://dx.doi.org/10.21088/ijpos.2454.9371.4218.3

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Abstract

The landmark judgment named as Johar judgment recently laid down by the Supreme Court of India on Section 377 of the Indian Penal Code have obtained different opinions of different people. For some, unnatural offences were never a crime and this ruling will ensure restoration of their fundamental rights to live in their own way and to exercise their likes and wishes. Consensual sex by adults in private was although never a crime, but due to different interpretations of law it was often misused and the adult exercising their choice and indulging in consensual acts in private were often harassed. In this paper, an assessment of the legal aspects of the law as read in India and in few major countries like UK and USA has been carried out. Paper attempts to analyze the judgment and examined its relevancy for LGBT community in the present scenario. 

Keywords: Indian Penal Code; Consensual Sex.

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DOI: DOI: http://dx.doi.org/10.21088/ijpos.2454.9371.4218.3

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