SC verdict on 377: Explained in a nut-shell


New Delhi, Sep 6: The Supreme Court on Thursday struck down Section 377 of the Indian Code partially. While it held that consensual same sex between adults in private is not an offence, it also said that acts without consent would remain an offence.

Also Read | Section 377 partially struck down, consensual sex in pvt not an offence: SC

Here is what the SC said on Section 377 of the Indian Penal Code in a nutshell:

  • It is no longer an offence under Section 377 for LGBT community to engage in consensual sex in private.
  • Section 377 would be applicable to bestiality and sexual acts without consent.
  • Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC.
  • Section 377 is irrational, indefensible and manifestly arbitrary.
  • LGBT community possesses same equality as other citizens.
  • Right to privacy as part of right life applies fully to LGBT community.
  • Bodily autonomy is individualistic. It is a matter of choice and is part of dignity.
  • Section 377 is violative of Article 14 of the Constitution.
  • Denial of self-expression is like death.
  • Sustenance of identity is the pyramid of life.

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