Question
Download Solution PDF"Unnatural offences" is defined in which of the following sections of the Indian Penal Code?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Section 377.
Key Points
- Section 377 of the Indian Penal Code (IPC) criminalized "unnatural offences," which included sexual acts "against the order of nature."
- The section was introduced in 1861 during British colonial rule in India.
- It specifically dealt with consensual and non-consensual sexual acts, including those between same-sex individuals.
- In a landmark ruling on 6 September 2018, the Supreme Court of India decriminalized consensual homosexual acts by partially striking down Section 377.
- The judgment in the case of Navtej Singh Johar v. Union of India upheld the rights to equality, dignity, and privacy for LGBTQ+ individuals.
Additional Information
- Indian Penal Code (IPC):
- The IPC is the official criminal code of India, established in 1860.
- It defines various crimes and prescribes their punishments under Indian law.
- Navtej Singh Johar v. Union of India:
- This 2018 Supreme Court verdict partially struck down Section 377, decriminalizing consensual same-sex relationships among adults.
- The judgment emphasized constitutional values such as liberty, equality, and fraternity.
- Right to Privacy:
- The landmark Puttaswamy judgment (2017) recognized the Right to Privacy as a fundamental right under Article 21 of the Indian Constitution.
- This played a pivotal role in the decriminalization of consensual homosexual acts under Section 377.
- LGBTQ+ Rights in India:
- The 2018 judgment was a significant step toward equality for the LGBTQ+ community in India.
- It inspired further discussions on issues such as same-sex marriage, anti-discrimination laws, and adoption rights.
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