ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Animesh SharmaSubscribe to Animesh Sharma

Section 377: No Jurisprudential Basis

Section 377 of the Indian Penal Code, which criminalises homosexual relations, has no jurisprudential justification as it makes illegal a consensual, voluntary sexual act that does not harm a third party and falls within individual autonomy. The State cannot use its power to punish a particular practice on grounds of immorality only because a majority believe it to be so. This law also defines a criminal class not by virtue of its behaviour but by sexual orientation.
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