CONSTITUTIONALITY OF UNNATURAL OFFENCES IN INDIA: PRESENT SCENARIO

Abstract

Section 377 of the IPC talks about unnatural offence. Unnatural offence means sexual intercourse with any person which is against the order of nature. Now here question arise that does homosexual gives good message to the society? This paper also talks about natural offences and the LGBT Community and the various aspects of homosexuality and is it really fair to discriminate the homosexual or LGBT community? It also contains the reason behind homosexuality. Whether any special legislation should be enacted to protect the fundamental rights of the LGBT community? It focuses on the law of India and fundamental rights of every citizen of India. The first chapter in this paper introduces the unnatural offence which is provided in section 377 of IPC with its punishment. Second chapter talks about the history of the legislation i.e from where unnatural offence came. Third chapter talks about arguments in favor of section 377 and also contain defense statement. The forth chapter talks about constitutional validity of section 377 and some important case laws like Naz foundation where they are appealing to repeal this section because it is violating fundamental rights of the citizen. It also discussed about the homosexuality as a disease. It also contains various people opinion on homosexuality. Our legal system will not enforce homosexual activities in India, if it does it leads to unconstitutional. This paper mainly aims that as we all know that homosexual in India are not treated well. They were discriminated on every ground. So if any special law enacted for the homosexual community, it will just like new hope for the survival of LGBT Community. Everyone has right to choose their partners and they have rights to be treated as heterosexual couples