Dear Mr. Pavan Datta,
Naz foundation judgment of 11-12-13 of SC on
IPC
- S. 377 held, those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes and the people falling in the later category cannot claim that S. 377 suffers from the vice of arbitrariness and irrational classification.
S. 377 merely defines the particular offence and prescribes punishment for the same which can be awarded if in the trial conducted in accordance with the provisions of the Code of Criminal Procedure and other statutes of the same family the person is found guilty.
O
n the ground that the same has been used to perpetrate harassment, blackmail and torture on certain persons, especially those belonging to the LGBT community,
it
held, this treatment is neither mandated by the section nor condoned by it - mere fact that the section is misused by police authorities and others is not a reflection of the vires of the section - it might be a relevant factor for the Legislature to consider while judging the desirability of amending S. 377 IPC.S. 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by Division Bench of High court is legally unsustainable. Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting S. 377 IPC from the statute book or amend the same as per the suggestion made by the Attorney General.
best regards,
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