Topic-Indian Polity – Issues
3) The curative petition being heard in SC in Naz Foundation 2013 case should be concerned not only with the legality of section 377 of IPC but also with rights of LGBTQ community. Analyze. (250 words)
Why this question
Section 377 is again in the news courtesy the curative petition in SC, and the opinion of the govt that it would not challenge SC verdict in this regard. Hence this question
Key demand of the question
The question expects us to trace a brief evolution of the court’s position on section 377 critical analysis of the judgment and future course of action that must be taken.
Analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Structure of the answer
Introduction – Trace a brief evolution of the court’s position on section 377 and discuss why this topic is in news.
- Highlight SC judgment in Naz foundation case which overturned Delhi HC’s progressive verdict
- Examine why this judgment is a blot on the progressive trend being followed by SC
- Examine why it is not necessary to just declare Section 377 ultra vires but also focus on the associated rights of LGBTQ community in accordance with judgement in NALSA vs UoI and Puttaswamy vs UoI
- Discuss what rights are needed by this community
Conclusion – Mention what should be the way forward in this matter.