India: Supreme Court recriminalises "carnal intercourse against the order of nature"

India: Supreme Court recriminalises "carnal intercourse against the order of nature"

The Indian Penal Code 1860 in s.77 makes "carnal intercourse against the order of nature with any man, woman or animal" punishable with imprisonment for life. In Suresh Kumar Koushal v NAZ Foundation, reversing a 2009 decision of the Delhi High Court, the Supreme Court concluded that the p...

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Bibliographic Details
Main Author: DAM, Shubhankar
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2014
Subjects:
Colonial legislation
Constitutional rights
Constitutionality; Homosexuality
India
Presumptions
Sexual offences
Asian Studies
Constitutional Law
Courts
Online Access:https://ink.library.smu.edu.sg/sol_research/1332
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Institution: Singapore Management University
Language: English
Description
Summary:The Indian Penal Code 1860 in s.77 makes "carnal intercourse against the order of nature with any man, woman or animal" punishable with imprisonment for life. In Suresh Kumar Koushal v NAZ Foundation, reversing a 2009 decision of the Delhi High Court, the Supreme Court concluded that the provision is constitutionally valid. As a result, India now rejoins 76 other jurisdictions in criminalising same-sex behavior. The decision is for the most part poorly written and insufficiently reasoned, and the four strands of arguments, individually and collectively, leave much to be desired.

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