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Q50 (CDS-II/2024) Polity & Governance › Judiciary › Public interest litigation Answer Verified

Which one of the following organizations challenged the constitutionality of Section 377 of the Indian Penal Code in the Supreme Court of India?

Result
Your answer: —  Â·  Correct: A
Explanation

The Naz Foundation (India) Trust, a non-governmental organization, was the primary organization that challenged the constitutionality of Section 377 of the Indian Penal Code [1]. The legal battle began in 2001 when the foundation filed a Public Interest Litigation (PIL) in the Delhi High Court, arguing that the law violated fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. Although the Delhi High Court initially dismissed the petition on technical grounds regarding locus standi, the Supreme Court of India intervened, ruling that the foundation had the standing to file the lawsuit and remitted the case back for a fresh decision [1]. This litigation eventually led to the landmark 2009 Delhi High Court judgment decriminalizing consensual homosexual acts, which was later contested in the Supreme Court through cases like Suresh Kumar Koushal v. Naz Foundation [1].

Sources

  1. [1] https://en.wikipedia.org/wiki/Naz_Foundation_v._Government_of_NCT_of_Delhi
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