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Whether Article 377 Violates The Fundamental Rights?




Gaurav Rao, Bennett University

ABSTRACT

This paper focuses on the outcome of the Naz Foundation case, which decriminalises homosexuality.But the fundamental issue is that the situation isn't getting any better.The legal classification of it as a prohibited activity is controversial.It goes against the natural order. The word, for example,'natural order' in the context of sexuality Preferences are naturally ambiguous, unclear, and indefinite.arbitrarily and, as a result, are likely to contravene

The Indian constitution's Articles 14, 15, and 21. The Naz is a fictional character.A line of IPC section 377 cases is endorsed by the court.represent a prudish Victorian morality, according to which Only 'protective' sex qualifies as a 'natural act.'

Even using a contraceptive during an intercourse would be considered abnormal, according to the Naz Foundation's thinking, considering that India is a developing country.has an issue with population growth. It is, in any case,Is it the role of the government to regulate such private matters ? Acts that have no discernible negative consequences.

This study examines all of the hidden realities of Section 377 of the Indian Penal Code, as well as all of the criteria of Articles 14, 15, and 21 of the Indian Constitution, and concludes that It's tough to find any discernible differences.the difference between the terms "natural" and "unnatural" The courtroom did not take the more 'natural' approach to the debate Section 377 should be repealed as a whole may have been concerned about the decriminalisation that would follow. Paedophilia and other forms of inappropriate sexual behaviour bestiality.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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