section 377

Supreme Court to reconsider validity of Section 377 that criminalises ‘unnatural sex’

No individual who exercises his or her choice should remain in a state of fear, the court said, adding that a larger bench will now hear the matter.

The Supreme Court on Monday said it would revisit the constitutional validity of Section 377 of the Indian Penal Code. The matter will now be referred to a larger bench.

Dating back to the 1800s, Section 377 criminalises anal and oral sex, referring to it as “unnatural sex”, and states that it is “against the order of nature with any man, woman or animal”. It also includes a maximum punishment of life imprisonment.

The three-judge bench of the Supreme Court made the decision after hearing a petition filed by five members of the lesbian, gay, bisexual and transgender community. The court asked the Centre to reply to the plea. The petitioners said they lived in constant fear of being penalised by the police because of their sexual orientation.

“A section of people or individuals who exercise their choice should never remain in a state of fear,” the bench headed by Chief Justice of India Dipak Misra said, according to the Hindustan Times. “Choice cannot be allowed to cross boundaries of law, but confines of law cannot trample or curtail the inherent right embedded in an individual under Article 21 of the Constitution.”

In 2013, a two-judge bench had set aside the Delhi High Court’s 2009 judgment to decriminalise homosexuality.

Former Solicitor General Harish Salve said the judgment will soon be struck down. “Section 377 is dead after the nine-judge bench said that all these are dimensions of Right to Privacy. It will formally be struck down. It will be done very soon.”

This is not the first time the Supreme Court has said it wants to revisit its judgement.

In 2016, a three-judge bench of then Chief Justice TS Thakur, Justice Anil R Dave and Justice JS Khehar had referred a batch of curative petitions against Section 377 to a five-judge Constitution Bench that was to be set up soon, The Hindu reported. However, the bench was never constituted.

Support our journalism by subscribing to Scroll+ here. We welcome your comments at
Sponsored Content BY 

Get ready for an 80-hour shopping marathon

Here are some tips that’ll help you take the lead.

Starting 16th July at 4:00pm, Flipkart will be hosting its Big Shopping Days sale over 3 days (till 19th July). This mega online shopping event is just what a sale should be, promising not just the best discounts but also buying options such as no cost EMIs, buyback guarantee and product exchanges. A shopping festival this big, packed with deals that you can’t get yourself to refuse, can get overwhelming. So don’t worry, we’re here to tell you why Big Shopping Days is the only sale you need, with these helpful hints and highlights.

Samsung Galaxy On Nxt (64 GB)

A host of entertainment options, latest security features and a 13 MP rear camera that has mastered light come packed in sleek metal unibody. The sale offers an almost 40% discount on the price. Moreover, there is a buyback guarantee which is part of the deal.

Original price: Rs. 17,900

Big Shopping Days price: Rs. 10,900

Samsung 32 inches HD Ready LED TV

Another blockbuster deal in the sale catalogue is this audio and visual delight. Apart from a discount of 41%, the deal promises no-cost EMIs up to 12 months.

Original price: Rs. 28,890

Big Shopping Days price: Rs. 10,900

Intel Core I3 equipped laptops

These laptops will make a thoughtful college send-off gift or any gift for that matter. Since the festive season is around the corner, you might want to make use of this sale to bring your A-game to family festivities.

Original price: Rs. 25,590

Big Shopping Days price: Rs. 21,900


If you’ve been planning a mid-year wardrobe refresh, Flipkart’s got you covered. The Big Shopping Days offer 50% to 80% discount on men’s clothing. You can pick from a host of top brands including Adidas and Wrangler.

With more sale hours, Flipkart’s Big Shopping Days sale ensures we can spend more time perusing and purchasing these deals. Apart from the above-mentioned products, you can expect up to 80% discount across categories including mobiles, appliances, electronics, fashion, beauty, home and furniture.

Features like blockbuster deals that are refreshed every 8 hours along with a price crash, rush hour deals from 4-6 PM on the starting day and first-time product discounts makes this a shopping experience that will have you exclaiming “Sale ho to aisi! (warna na ho)”

Set your reminders and mark your calendar, Flipkart’s Big Shopping Days starts 16th July, 4 PM and end on 19th July. To participate in 80 hours of shopping madness, click here.


This article was produced by the Scroll marketing team on behalf of Flipkart and not by the Scroll editorial team.