Abstract

Section 377 of IPC has been in the headlines since a long time for its questionable constitutional validity. Section 377 criminalizes consensual sex between same sex individuals. Homosexuality has been viewed as a stain in the society and the community has always been caught in the clutches of discrimination, inhumane behaviour, and torture only because of their sexual preferences being different from the rest of the country. Over the past several decades, the homosexual community is struggling hard and fighting in order to achieve the basic human and the fundamental rights guaranteed to all the individuals of the country in all aspects of the society. There have been a ton of debates against section 377 for it being in opposition with the articles 14, 15 and 21 which guarantee the fundamental rights of equality, non-discrimination, freedom of expression to every citizen of the country. The Navtej Singh Johar case has proved to be a landmark judgement as the Hon’ble Supreme Court of India unanimously held that section 377 which criminalized carnal intercourse as an unnatural offence and was punished with 10 years of imprisonment as unconstitutional. This judgement has led the foundation of the rights of the homosexual.

Keywords