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Gay And Transgender Rights In India: Naz Foundation V. Government Of Nct Of Delhi, Anjaneya Das
Gay And Transgender Rights In India: Naz Foundation V. Government Of Nct Of Delhi, Anjaneya Das
Anjaneya Das
Section 377 of the Indian Penal Code, a figment of colonial creation, has criminalised ‘unnatural sexual acts’ since its application as law in 1862. Homosexuality falls within such acts and may attract punitive measures. In the previous century, legislatures and judiciaries across the globe have upheld laws criminalising homosexuality and transgender behaviour, justifying them on grounds of public decency and morality. With the advent of the contemporary epoch, the movement against the repressive and oppressive nature of Section 377 grew exponentially and reached its culmination in Naz Foundation v. Government of NCT of Delhi, wherein the Delhi High Court recognized …