Tag: Section 377


NAVTEJ SINGH RULING: Gaping Pitfalls Law

With Navtej Singh [Navtej Singh v. Union of India, Writ Petition (Criminal) No. 76 of 2016, Decided on: September 6, 2018] ruling the Supreme Court brought down the axe heavily and surely on Section 377 of the Indian Penal Code, 1860 shearing off in one fine blow all such undesirable aspects of the provision that did not agree with the constitutional morality, which the apex...

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MUMBAI, INDIA - JUNE 16: LGBT members take out a march "Vigil for Love" as they protest against the attack on Orlando Gay nightclub and demand support and solidarity for victims of attack at Azad Maidan on June 16, 2016 in Mumbai, India. (Photo by Anshuman Poyrekar/Hindustan Times via Getty Images) Law

The bedroom goings-on must be no concern of the State unless there is a violation of the law involved, which is precisely the point one would do well to bear in mind when it comes to the issue of the constitutionality of Section 377 of the Indian Penal Code in the light of the observations made by a nine-judge bench of the Supreme Court of...

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Section 377: Questionable exercise of Judicial Review Law

Delhi High Court’s ‘decriminalizing’ homosexuality has been an interesting event because the ‘relief’ that High Court granted does not really enable two consenting adults to do behind the closed doors anything that they could not do earlier. No person can be prosecuted without evidence and to gather evidence to support a charge of unnatural sex between two consenting adults, the authorities would necessarily have to...

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