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Q78 (CDS-I/2022) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

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 ?

Result
Your answer: —  ·  Correct: D
Explanation

The issue of whether Section 377 of the Indian Penal Code (IPC) violated Articles 14, 15, and 21 of the Constitution was first decided in the landmark case of Naz Foundation vs. Government of NCT of Delhi and others (2009). The Delhi High Court ruled that criminalizing consensual sexual acts between adults in private was unconstitutional as it infringed upon the right to equality (Article 14), non-discrimination (Article 15), and the right to life and personal liberty (Article 21). While this decision was later temporarily reversed by the Supreme Court in the Suresh Kumar Koushal case, the legal foundation for decriminalization was established in the Naz Foundation matter [1]. Other options like Shreya Singhal (Section 66A IT Act), Vishakha (sexual harassment), and Shayara Bano (Triple Talaq) pertain to different legal issues.

Sources

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

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