Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1861 during the British rule of India. The IPC’s section 377 criminalises “carnal against the order of nature with any man, woman or animal”.It means consensual same sex relations are criminal offences.
How the section 377 was presented in the court:
In 2001,an NGO named as Naz Foundation which works on HIV/AIDS and sexual health issues challenged the constitutionality of section 377 before the Delhi High Court. In 2009 after facing various struggle to get the case heard, Delhi High court delivered a judgement excluding sex acts between consenting adults, regardless of sexual orientation as this section is violating the right to privacy and personal liberty.
What is right to privacy:
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.
for more details,Visit: https://en.wikipedia.org/wiki/Right_to_privacy
Supreme Court Decision:
But after this judgement several organizations filed case against this decision and claimed that the right to privacy did not include the right to commit an offence.
In 2013,Supreme court changes the decision of Delhi High Court and the judges held that if homosexual acts were to be decriminalized,only parliament could do this.
A path to a victory of Section 377:
On 6 February 2016, a three-member bench of the SC reviewed curative petitions submitted by the Naz Foundation and others, and decided that they would be reviewed by a five-member constitutional bench.
In January 2018, the SC agreed to hear a petition to revisit the 2013 Naz Foundation judgment. On 6 September 2018, the court ruled unanimously in Navtej Singh Johar v. Union of India that Section 377 was unconstitutional “in so far as it criminalises consensual sexual conduct between adults of the same sex”.
To Know More,Visit: https://en.wikipedia.org/wiki/Section_377_of_the_Indian_Penal_Code