Supreme Court strikes Down  Delhi High Court o...

Supreme Court strikes Down Delhi High Court order on abolision of 377 of IPC (Photo credit: ramesh_lalwani)

Those who indulge in carnal intercourse in the ordinary course and those  who indulge in carnal intercourse against the order of nature constitute different  classes and the people falling in the later category cannot claim that Section 377 
suffers from the vice of arbitrariness and irrational classification.’
 ‘While reading down Section 377 IPC, the Division Bench of the High Court overlooked that a miniscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders and in last more than 150 years less than 200 persons have been prosecuted (as per the reported orders) for committing offence under Section 377 IPC and this cannot be made sound basis for declaring that section ultra vires the provisions of Articles 14, 15 and 21 of the Constitution. “
‘It is, therefore, apposite to say that unless a clear constitutional violation is proved, this Court is not empowered to strike down a law merely by virtue of its falling into disuse or the perception of the society having changed as regards the legitimacy of its purpose and its need.’


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