Insofar as Section 377 criminalises consensual sexual acts of adults in private, is declared violative of Articles 14, 15, 19, and 21 of the Constitution: SC
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HOMOSEXUALITY: Insofar as Section 377 criminalises consensual sexual acts of adults in private, is declared violative of Articles 14, 15, 19, and 21 of the Constitution: SC
Sep 09, 2018 : Dtf.in
Hon’ble Supreme Court, in its judgment dated 06.09.2018 in the case of Navtej Singh Johar & Ors. Vs. Uion of India thr. Secretary, Ministry of Law and Justice, has ruled as under:-
“i. In view of the aforesaid findings, it is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.
ii. The declaration of the aforesaid reading down of Section 377 shall not, however, lead to the re-opening of any concluded prosecutions, but can certainly be relied upon in all pending matters whether they are at the trial, appellate, or revisional stages.
iii. The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of beastiality
iv. The judgment in Suresh Kumar Koushal & Anr. v. Naz Foundation & Ors. is hereby overruled for the reasons stated in paragraph 19.”
See copy of SC Judgment dated 06.09.2018 >>> Supreme Court Judgements
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