Courts judgement on Section 377

  • The Delhi High Court in Naz Foundation v. Government of NCT of Delhi (2009) held that criminalising sexual activities with consent in private not only impairs the dignity of those persons, but it is also discriminatory and impacts the health of those people.
  • The Delhi High Court decriminalised homosexuality on the grounds that Section 377 is a violation of Article 14, 15 and 21.
  • Supreme Court, in Suresh Kumar Koushal v. Naz Foundation (2013) case, set aside the Delhi High Court judgment and said that homosexuality under Section 377 of IPC is illegal and will continue to be an offense.
  • The court said that Section 377 did not suffer from any “constitutional infirmity”.
  • It said there was no need to challenge Section 377 because the LGBT community constitutes only a minuscule minority.
  • The court also added the responsibility of amending or removing Section 377 lay with the Parliament.
  • In the Puttuswamy vs. Union of India case the Supreme Court held right to privacy as a fundamental right.
  • The court stated that privacy included the preservation of personal intimacies and that sexual orientation was an essential attribute of privacy.
  • The Court argued that right to privacy and the protection of sexual orientation lay at the core of fundamental rights guaranteed under Article 14, 15 and 21