Article 377 of the Costitution of India with Case law
Actually, Article 377 is not a part of the Constitution of India.
However, you might be referring to Section 377 of the Indian Penal Code (IPC), which was historically a controversial law dealing with criminalization of certain sexual acts.
📜 Section 377 IPC
Title: Unnatural offences
Section 377 IPC criminalized "carnal intercourse against the order of nature", which was interpreted to criminalize homosexual acts among consenting adults.
It was a colonial-era law introduced in 1861.
⚖️ Important Case Law Related to Section 377 IPC:
1. Naz Foundation v. Govt. of NCT of Delhi (2009)
Citation: Delhi High Court, 2009
Held:
The court read down Section 377 to decriminalize consensual sexual acts between adults in private.
This was a historic judgment affirming LGBTQ+ rights.
2. Suresh Kumar Koushal v. Naz Foundation (2013)
Citation: Supreme Court of India, 2013
Held:
The Supreme Court overturned the Delhi HC verdict, reinstating criminalization.
Held that Section 377 affected a "minuscule fraction" of the population and left the matter to Parliament.
3. Navtej Singh Johar v. Union of India (2018)
Citation: Supreme Court of India, 2018
Held:
Landmark judgment decriminalizing consensual homosexual acts.
Overruled the 2013 Koushal judgment.
Affirmed rights to equality, dignity, and privacy under Articles 14, 15, 19, and 21 of the Constitution.
Declared that Section 377 should not criminalize consensual sexual acts between adults.
🧠 Summary:
| Feature | Details |
|---|---|
| Section | 377 IPC (Not Constitutional Article) |
| Subject | Criminalizes “unnatural” sexual acts (historically) |
| Status | Decriminalized for consensual acts by Supreme Court in 2018 |
| Major Cases | Naz Foundation (2009), Suresh Kumar Koushal (2013), Navtej Singh Johar (2018) |
| Constitutional Issues | Equality (Art 14), Non-discrimination (Art 15), Freedom of expression (Art 19), Right to life and privacy (Art 21) |
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