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Whether Section 377 of IPC Voilates the Fundamental Rights

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Whether Section 377 of IPC Voilates the Fundamental Rights


Ashutosh Gupta

https://doi.org/10.31142/ijtsrd17008



Ashutosh Gupta "Whether Section 377 of IPC Voilates the Fundamental Rights" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5, August 2018, pp.962-967, URL: https://www.ijtsrd.com/papers/ijtsrd17008.pdf

This paper make much of the result of the case Naz Foundation in which it discriminalises homosexuality, but the main question is that the continuing problematic legal labelling of it as an activity that contravenes the order of nature. The term such as the ‘order of nature’ in the context of the sexual preference are inherently indeterminate, vague and arbitrary and are therefore likely to the contravene Article 14,15, and 21 0f Indian constitution. The Naz court endores a line of sec. 377 of IPC cases that embody a prudish victorian morality, under which only ‘ protective’ sex is comes under the ‘natural act’.According to this logic of Naz Foundation, even use the the contraceptive during the sex would count as the unnatural,as the absurd result, given that the India suffers a population explosion problem. In any case, it is not the place of the states to regulate such private Acts that cause no palpable harms.This paper explores the all hidden facts of the section 377 of IPC and as well as all the parameters of Article 14,15,and 21 of constitution of India and argues that is is difficult to locate any intelligible differentia between the term ‘natural’ and ‘unnatural’. The court did not adopt the more ‘natural’ line of the argument above and strike down section 377 as a whole, as it may have feared the resulting decriminalisation of problematic sexual activities such as paedophilia and bestiality.

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IJTSRD17008
Volume-2 | Issue-5, August 2018
962-967
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

International Journal of Trend in Scientific Research and Development - IJTSRD having online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International Journal which provides rapid publication of your research articles and aims to promote the theory and practice along with knowledge sharing between researchers, developers, engineers, students, and practitioners working in and around the world in many areas like Sciences, Technology, Innovation, Engineering, Agriculture, Management and many more and it is recommended by all Universities, review articles and short communications in all subjects. IJTSRD running an International Journal who are proving quality publication of peer reviewed and refereed international journals from diverse fields that emphasizes new research, development and their applications. IJTSRD provides an online access to exchange your research work, technical notes & surveying results among professionals throughout the world in e-journals. IJTSRD is a fastest growing and dynamic professional organization. The aim of this organization is to provide access not only to world class research resources, but through its professionals aim to bring in a significant transformation in the real of open access journals and online publishing.

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