Section 377, Where Parliament fails Judiciary must Rise-

The judiciary which is the custodian of the constitutional rights which are guaranteed in the
constitution has to take certain steps which must be in the benefit of queer community, section
377 of IPC which criminalises Carnal Intercourse against the order of nature is a draconian rule
because according to Article 21 of the constitution, no personal shall be deprived of his life or
personal liberty and intercourse is definitely a question of personal liberty, the parliament is no
mood to decriminalise the section 377 as it is clear seen from the fact that when on June 30, 2016
the United Nations Human Right Council passed a resolution creating a post of an independent
expert on sexual orientation and gender identity, the representative of India clearly abstained
from voting altogether to appoint the expert and when asked about that he states that it is a matter
of Supreme Court of India as it is now discussing and debating on this issue1.

When the parliament throws the ball in the court of the judiciary so now it has to take bold step
to curb the section 377 of IPC which is inhumane and derogatory in nature, in 2009 the Delhi
High Court in NAZ Foundation case2 took a bold step and decriminalise homosexuality but the
Supreme Court in 20133 overturned the High Court ruling, but when the Supreme Court in K.S
Puttuswami case mentioned that right to privacy is a fundamental right which is guaranteed
under article 21 of constitution4, so now the judiciary have to be vigilant and also decides about
the future of queer community and decriminalise the arbitrary, unfair, unreasonable and
inhumane section 377 of IPC.

The judiciary must fulfill its role and abolish this medieval law and resist the medieval narrative
of faith groups. It must play its part, and grant the LGBT community their Right to Life and
Dignity guaranteed to every citizen under the Constitution.

1
Suhrith Parthasarathy, To be equal before the Law, The Hindu, July 09, 2016.
2
NAZ Foundation v. Govt. of NCT of Delhi, MANU/DE/0869/2009.
3
Suresh Kumar Koushal and Anr. vs. NAZ Foundation and Ors. (11.12.2013 - SC) : MANU/SC/1278/2013.
4
K.S Puttuswami & Ors. v. Union of India, AIR 2015 SC 3081.