- The Supreme Court hearing on a plea to strike down Section 377 of IPC.
2. Section 377:
- Section 377 of IPC — which came into force in 1862 — defines unnatural offences.
- It says, “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 a term which may extend to 10 years, and shall also be liable to fine.
- It is rooted in the legacies of British colonial states where in it was introduced by Lord Macaulay in 1860 as a part of IPC.
- According to the section “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished”.
- Homosexual intercourse was made a criminal offense under Section 377 of the Indian Penal Code, 1860.
2. While clearing its signal for decriminalizing gay sex, the apex court has made following arguments:
- Acceptance of gay relationship will help meet health concerns and control of HIV.
- Same sex couples living in denial with no access to medical care were more prone to contracting and spreading sexually transmitted diseases.
- The course of sexually transmitted disease is not sexual intercourse, but unprotected sexual intercourse.