Headline
The Delhi High Court asks the center to decide on elimination of penal provisions for Unnatural Sex in New Law i.e.Bhartiya Nyay Sanhita (BNS).
Summary
The Delhi High Court has directed the Centre to take a decision within 6 months with respect to the exclusion of unnatural sex and sodomy penal provisions from the Bhartiya Nyay Sanhita (BNS), which came in place of the Indian Penal Code (IPC) in July 2023.
Key Facts
- Case Name: PIL against Exclusion of Section 377 Provisions from BNS
- Name of Judge: Acting Chief Justice Manmohan
- The plea focuses that the Bhartiya Nyay Sanhita,2023 (BNS) omits provisions parallel to Section 377 of the IPC, which earlier criminalized non-consensual unnatural sex and sodomy.
Legal Insights
The Delhi High Court stressed that there should not be a legal vacuum regarding such offenses and indicated the Centre, if required, could bring an ordinance. The Centre was requested to consult stakeholders and come up with a decision within 6 months.
Impact
The Delhi High Court ruling stresses the government to address possible legal gaps in safeguarding against non-consensual unnatural sexual acts, by making sure that such offences remains actionable .
Why it Matters
It highlights the importance of maintaining protection legally against non-consensual unnatural sex, mainly due to the recent changes to India’s penal code, which might affect the LGBTQ community.
Source
