The offence under section 377 is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.
Section 377 of the Indian Penal Code states “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished”. This was a colonial-era law that was at odds with modern notions of justice and equality of all humankind.
It termed the part of Section 377 of the Indian Penal Code (IPC) which criminalises “unnatural” sex as irrational, indefensible and manifestly arbitrary. The SC of India cited certain reasons in the support of its judgement. Firstly, fundamental rights of citizens cannot be taken away by the societal morality.
Section 377 of our constitution, introduced with the Indian Penal Code way back in 1860, criminalises sexual acts “against the order of the nature”. This Victorian era statute was struck down by the Delhi High Court in 2009 in the famous Naz Foundation case, but the decision was overturned on appeal by the Supreme Court in 2013, which reasoned that the matter relating to LGBT rights and.
Section 377On October 6, 1860, the Indian Law Commission, lorded over by Lord Macauly (Bhaskaran 15), took out a giant-sized Elmer’s glue-stick and applied quantities of super-sticky lines to the reverse of Section 377, a colonial antisodomy statute to be included in the Indian Penal code (15), which was on a massive slice of parchment perfectly India-shaped, before it was pastily placed.
Then came a judgment by the apex court, ironically a day after the celebrations of the Human Rights Day, in 2013, overruling the High Court’s judgment that was responsible for granting a section of the society, the rights that it had been deprived of and upholding the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of.
In an essay in his new book, Immortal India, Amish argues that Section 377 does not reflect the traditional Indian attitude towards sex. It is a reflection of the British colonial mindset.
The narration,interpretation and comments on sec 377 of the IPC is an enormooous task which cannot be performed in this type of a Forum. THere areseveral learned articles in Legal Journals and also serious explanatory articles in the general Print.
Essay on Section 377 of Indian Penal Code Ask for details; Follow Report by DEVPRASSATH1461 10.09.2019 Log in to add a comment.
So when IPC was drafted by Lord Macaulay, sodomy was continued as an offence under section 377 of the act. Fight against section 377 for the decriminalisation of the part of the section under which consensual sexual acts between adults in private punishable started back in 2001.
Section 377 of IPC -Unnatural Offences and LGBT Community Delhi High Court Order of 02 July 2009: The case for canceling Section 377 was first started by an association called the AIDS Bhedbhav Virodi Andolan in 1991.The case was resuscitated by a social extremist gathering, drove by the Naz Foundation (India) Tr ust that works for AIDS awareness.