Delhi HC asks Centre to clear its stand on PIL challenging exclusion of provision for unnatural sex in new criminal laws
Delhi High Court on Tuesday asked the Centre to clarify its position on a Public Interest Litigation (PIL) which stated that the new criminal laws Bharatiya Nyaya Sanhita (BNS) lacks a provision equivalent to Section 377 of the Indian Penal Code (IPC).
Section 377 had previously criminalized «sodomy» and "unnatural sex," but was partially decriminalized by the Supreme Court in 2018, stated the plea.
The bench, led by Acting Chief Justice Manmohan and including Justice Tushar Rao Gedela, has given the Union of India's counsel ten days to take instructions on the grievance raised in the PIL and fixed the matter for further hearing on August 27, 2024.
During the hearing, the bench inquired whether the Bharatiya Nyaya Sanhita (BNS) addresses non-consensual unnatural sex and questioned if its omission from the BNS implies that such acts are no longer considered offences.
The Centre's counsel, Anurag Ahluwalia, sought time to obtain instructions, stressing that the issue has been escalated and requires careful consideration.
The PIL moved by Gantavya Gulati stated that the BNS does not include a provision equivalent to Section 377 of the IPC, which previously criminalized «sodomy» and «unnatural sex.» Section 377 was decriminalized for consensual same-sex relations in 2018 by the Supreme Court of India in the landmark case of Navtej Singh Johar v. Union of India.
The PIL raises concerns about whether the new code
