7 September, 2018
In a historic move, the Honourable Supreme Court of India declared Section 377 of the Indian Penal Code, 1860 (IPC) unconstitutional, in so far as it punished consensual sexual relationships between two adults in private.
A five judge Constitution bench of the Supreme Court heard a batch of writ petitions challenging the constitutionality of Section 377 in July 2018, and delivered individual, but concurrent judgements on September 6, 2018.
Section 377 of the IPC criminalised voluntary, carnal intercourse against the order of nature with any man, woman or animal.
The Supreme Court has now held that homosexual persons have a fundamental right to live with dignity and are entitled to the protection of equal laws, and are entitled to be treated in society as human being without any stigma being attached to any of them.
For further information, please contact:
Veena Gopalakrishnan, AZB & Partners
veena.gopalakrishnan@azbpartners.com
