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 The Section 377 of the Indian Penal code(IPC)is a demonstration that condemns homosexuality and was presented in the year 1861 during the British principle of India. Alluded to 'unnatural offenses' and says whoever willfully has lewd intercourse against the request for nature with any man, lady or creature, will be rebuffed with detainment forever.

Be that as it may, in a notable decision, the Supreme court of India on September 6, 2018 decriminalized the part 377 of the IPC and permitted gay sex among consenting grown-ups in private. The SC decided that consensual grown-up gay sex isn't a wrongdoing saying sexual direction is regular and individuals have no power over it.


Delhi HC's 2009 verdict

The issue of Section 377 was first raised by NGO Naaz Foundation, which had in 2001 approached the Delhi High Court which had decriminalised sex between consenting adults of the same gender by holding the penal provision as "illegal". This 2009 judgement of the high court was overturned in 2013 by the apex court which had also dismissed the review plea against which the curative petitions were filed which are pending.

The apex court had commenced the hearing on the fresh writ petitions challenging re-criminalisation of consensual gay sex between two adults, rejecting the Centre's plea seeking postponement of the proceedings by four weeks.

It had in 2013 restored the criminality of the sexual relationship between persons of the same sex, after the Delhi High Court had decriminalised it in 2009. At the outset of the hearing, the five-judge bench on July 10 had made it clear that it was not going into the curative petitions and would adjudicate on the fresh writ petitions in the matter.


Is 'Section 377' legitimate?

Coming from various pieces of the country with different religion, age, sex and different foundations, the candidates said that part 377 legitimizes the shame related with sexual direction and its appearance something which is fundamental. 



The Supreme Court has rejected Section 377 of the IPC, decriminalizing the 158-year-old pioneer law which condemns consensual gay sex.