The issue, whether Section 377 of the Indian Penal Code is violative of Articles 21, 14 and 15 of the Constitution of India was decided in which one of the following cases ?

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Q: 78 (CDS-I/2022)
The issue, ‘whether Section 377 of the Indian Penal Code is violative of Articles 21, 14 and 15 of the Constitution of India’ was decided in which one of the following cases ?

question_subject: 

Polity

question_exam: 

CDS-I

stats: 

0,99,72,32,16,24,99

keywords: 

{'indian penal code': [1, 0, 1, 1], 'constitution': [39, 3, 11, 39], 'rajasthan': [0, 0, 1, 18], 'shreya singhal': [0, 0, 0, 1], 'delhi': [4, 0, 4, 1], 'india': [8, 1, 7, 13], 'section': [3, 1, 0, 35], 'union': [17, 3, 24, 36], 'issue': [0, 0, 0, 1]}

The correct answer to the question is option 4: Naz Foundation vs. Government of NCT of Delhi and others. In this case, the issue of whether Section 377 of the Indian Penal Code is violative of Articles 21, 14, and 15 of the Constitution of India was decided.

Section 377 of the Indian Penal Code criminalizes "unnatural offenses" including consensual homosexual acts. This provision was widely criticized for being discriminatory and violating the fundamental rights of individuals.

In the case of Naz Foundation vs. Government of NCT of Delhi and others, the Delhi High Court struck down Section 377 as unconstitutional to the extent that it criminalized consensual sexual acts between adults. The court held that the provision violated the fundamental rights of equality, non-discrimination, privacy, and dignity enshrined in Articles 14, 15, and 21 of the Constitution.

However, it is important to note that the decision in this case was later overturned by the Supreme Court of India in the case of Suresh Kumar Koushal vs. Naz Foundation. The Supreme Court upheld the constitutionality of Section 377, stating that it was up to the legislature to amend or repeal the provision.

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