Kanu Sarda By

Express News Service

NEW DELHI: Section 377 of the IPC 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.

The relook comes months after some judges on a nine-judge Constitution Bench, which had held Right to Privacy as a fundamental right, denounced discrimination on the basis of sexual orientation. In the privacy judgment, the majority bench had observed that “The effect of Section 377 poses a grave danger to the unhindered fulfilment of one’s sexual orientation, as an element of privacy and dignity.”

“Courts are often called upon to take what may be categorised as a non-majoritarian view. One’s sexual orientation is undoubtedly an attribute of privacy,” Justice S K Kaul said.The petition had stated, “The petitioners are not seeking protection only as sexual minorities but recognition of characteristics that is inherent to all human beings. A right to sexuality, sexual autonomy and freedom to choose a sexual partner forms the cornerstone of human dignity which is protected under Article 21 of the Constitution.”

“Sexuality lies at the core of a human being’s persona. Sexual expression, in whatever form, between consenting adults in the privacy of a home ought to receive the protection of Fundamental Rights,” the petition said.