Question
In which of the following cases the Supreme Court of India has upheld the Constitutional Validity of Sec 377 Indian Penal Code?
Solution
In 2013, the Supreme Court judgment dealt a big blow to gay rights activists. The apex court Bench upheld the constitutional validity of the Section 377 making gay sex an offence punishable with upto life imprisonment. The Supreme Court of India reinstated Section 377 of the IPC in Suresh Kumar Koushal and another v NAZ Foundation and others in 2013. The Delhi High Court judgment in 2009 had decriminalized Section 377 Naz Foundation vs. Govt. of NCT of Delhi. On September 6th, 2018 the five-judge Bench partially struck down Section 377 of the Indian Penal Code, decriminalising same-sex relations between consenting adults. LGBT individuals are now legally allowed to engage in consensual intercourse. The Court has upheld provisions in Section 377 that criminalise non-consensual acts or sexual acts performed on animals.
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