Decriminalisation of Section 377 - Just And Fair





Aashi Mishra, ICFAI University, Dehradun


Introduction


Joseph Raz, a legal and moral philosopher stated, “The ideal of personal autonomy is the vision of people controlling, to some degree, their own destiny, fashioning it through successive decisions throughout their lives.”


The struggle against GENDER-EQUALITY has been long and arduous and still the gender of an individual decides its degree of equality. But this norm was struck down to some extent when Section 377 which was titled as “unnatural offences”2 under Indian Penal Code (IPC) was declared “not an offence anymore” in 2018.


When On September 6, 2018 as the Supreme Court (SC) of India in Navtez Singh Johar v. Union of India3 declared section 377 “unconstitutional” in so far as it criminalises sexual conduct between adults of the same sex, a burst of rainbow confetti showers down the Indian Continent.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

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