Decriminalization of section 377 of ipc essay

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The Apex Court unanimously ruled that individual autonomy, intimacy and identity are protected fundamental rights and scrapped the controversial Section of IPC- a year-old colonial law on consensual gay sex. The Supreme Court reversed its own decision and scrapped section of IPC that criminalized homosexuality and opined that the application of Section to consensual homosexual sex between adults was unconstitutional, irrational, indefensible and manifestly arbitrary. But Section remains in force relating to sex with minors, non-consensual sexual acts, and bestiality. A bunch of petitions was filed by individuals and organizations seeking to scrap the 19th century law. A larger bench comprised of Chief Justice Mr. Dipak Misra and Justices Mr.
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A Critical Analysis on Dicriminalization of Section 377 of Indian Penal Code, 1860

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Critical Analysis of the Decriminalized Section

LGBT individuals are now legally allowed to engage in consensual intercourse. The Court has upheld provisions in Section that criminalise non-consensual acts or sexual acts performed on animals. Read the full judgement here. Read our judgement matrix here , so you can quickly familiarize yourself with each of the four concurring judgements. The four judgments unanimously cited fundamental rights violations in reading down Section Further, they ruled that Section violates the rights to life, dignity and autonomy of personal choice under Article
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Section 377 irrational, arbitrary: SC reads down archaic law targeting LGBTQ community

Home Current Affairs Why in news? The Delhi High Court granted a last opportunity to the Centre and the Delhi government to respond to three separate pleas, including by two couples, seeking that same-sex marriage be recognised by law. The Centre had earlier told the High Court that marriage between same sex couples was "not permissible" as it was not recognised by "our laws, legal system. The petition contended that homosexuality has been decriminalised by the Supreme Court but same sex marriages are still not being allowed under the Hindu Marriage Act, HMA provisions.
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