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LEGAL ANALYSIS OF

HOMOSEXUALITY LAWS
IN INDIA

Section 377 reads:

“Unnatural offences: Whoever voluntarily has
carnal

intercourse against the order of nature with any
man, woman

or animal shall be punished with imprisonment for
life, or with

imprisonment of either description for term which
may extend

to ten years, and shall also be liable to fine.”

Being a progressive society and a fast developing
economy

It would be extremely important to note that the section 377 of the Indian Penal Code was made in 1861 by Lord Mcaullay which is an archaic law whose basis lies on Victorian morality . So the question is that why are we still keeping up with the laws made in 1861 with the current modern times . cannot be a part of a progressive society . The movement was led by the Naz Foundation (India) trust which filed a case in Delhi High Court seeking legalization of homosexual activities between two consulting adults . why do we continue to be regressive people as criminalization of gay sex or any kind of sex . The judgment was delivered on 2 nd July 2009 .which has managed to redefine itself . The rights which were violated by section 377 was the right to dignity and privacy within the right to life and liberty under article .

Section 377 also offends the guarantee to equality granted by article 14 ( Under fundamental right to equality ) as it creates an unreasonable classification and it targets the homosexuals as a cast . But on December 11 2013 .21( Under fundamental right to freedom ) of the Indian constitution . the supreme court turned the decision of Delhi high court stating that the order of 2009 was “ constitutionally unsustainable as only parliament can change the law . So the court did not strike down section 377 completely but declared it unconstitutional so far .” Today as the nation awaits for the review of section 377 . we . not courts .

hope that the judicial system will not disappoint us and our faith in the judiciary will be restored . .