DECRIMINALIZATION OF SECTION 377 OF IPC

A RESEARCH PROPOSAL SUBMITTED IN THE PARTIAL

FULFILLMENT OF THE COURSE CRIMINAL LAW - I FOR THE
REQUIREMENT OF THE DEGREE B.A. (LLB) SESSION 2019 – 2020

SUBMITTED BY

NAME – SAURABH KUMAR

ROLL NO – 1971

SUBMITTED TO

DR. FR. PETER LADIS F

ASSISTANT PROFESSOR OF LAW

AUGUST 2019

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR MITHAPUR, PATNA (800001)

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INTRODUCTION:-
Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse
against the order of nature with any man, woman or animal, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to 10 years, and
shall also be liable to pay a fine.

Section 377 of the Indian Penal Code was a section of the Indian Penal Code introduced in 1861
during the British rule of India. Modelled on the Buggery Act of 1533, it makes sexual activities
"against the order of nature" illegal. On 6 September 2018, the Supreme Court of India ruled that
the application of Section 377 to consensual homosexual sex between adults was unconstitutional,
"irrational, indefensible and manifestly arbitrary", but that Section 377 remains in force relating to
sex with minors, non-consensual sexual acts, and bestiality.

Portions of the section were first struck down as unconstitutional with respect to gay sex by the
Delhi High Court in July 2009. That judgement was overturned by the Supreme Court of India
(SC) on 11 December 2013 in Suresh Kumar Koushal vs. Naz Foundation. The Court held that
amending or repealing section 377 should be a matter left to Parliament, not the judiciary.On 6
February 2016, a three-member bench of the Court reviewed curative petitions submitted by the
Naz Foundation and others, and decided that they would be reviewed by a five-member
constitutional bench.

On 24 August 2017, the Supreme Court upheld the right to privacy as a fundamental right under
the Constitution in the landmark Puttuswamy judgement. The Court also called for equality and
condemned discrimination, stated that the protection of sexual orientation lies at the core of the
fundamental rights and that the rights of the LGBT population are real and founded on
constitutional doctrine.[9] This judgement was believed to imply the unconstitutionality of section
377.

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In January 2018, the Supreme Court agreed to hear a petition to revisit the 2013 Naz Foundation
judgment. On 6 September 2018, the Court ruled unanimously in Navtej Singh Johar v. Union of
India that Section 377 was unconstitutional "in so far as it criminalises consensual sexual conduct
between adults of the same sex".

decriminalisation of consensual sex between two consenting adults of the same sex by
declaring section 377 of IPC as illegal and unconstitutional. The Supreme Court has
scrapped Section 377 of the IPC,decriminalising the 158-year-old colonial law which
criminalises consensual gay sex.

AIMS AND OBJECTIVES:-

1. The researcher tend to analyze section 377 of IPC

2. Effect of decriminalization of section 377 on society
3. To analyze opposition and criticism of section 377

HYPOTHESIS:-

The researcher tend to presume that condition of lgbtq community has not changed even after its
decriminalization.

RESEARCH METHODOLOGY:-

The researcher will be relying on Doctrinal method of research to complete the project.

SOURCES OF DATA:-

1. Primary Sources: IPC 1870, CRPC 1973

2. Secondary Sources: Books, newspapers, Journels and websites.

Limitation of study:-

1. Time limitation
2. No enough knowledge of law
3. Monetary limitation
4. Taken for academic purpose

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Scope of Study:-

The researcher has taken this project for academic purpose and not published elsewhere.

TENATATIVE CHAPTERISATION:-

1. Introduction
2. Historical Background
3. Constitution validity of section 377
4. Views of political parties
5. Case Laws
6. Conclusion

BIBLIOGRAPHY:-

The researcher has consulted following sources to complete the rough proposal:

1. PRIMARY SOURCES

a. INDIAN PENAL CODE,1860

SECONDARY SOURCES:

1. THE HINDU
2. https://www.livelaw.in/section-377-ipc-summary-of-judgment-in-4-
points/

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