Section 377

Section 377 of the Indian Penal Code was a colonial-era statutory provision criminalizing non-procreative sexual acts, the consensual adult aspect of which was read down by the Supreme Court to uphold fundamental rights.

• It established the supremacy of constitutional morality over societal morality in protecting individual fundamental rights under Articles 14, 15, 19, and 21.
• The reading down of the law expanded the jurisprudence of the right to privacy by recognizing personal autonomy, dignity, and sexual orientation as intrinsic human identity rights.
• It serves as a key precedent for transformative constitutionalism and the judicial invalidation of archaic colonial legislation.

UPSC frames questions on this subject primarily within General Studies Paper II, focusing on transformative constitutionalism, judicial review, and the expansion of fundamental rights. Questions typically require candidates to analyze the distinction between constitutional morality and majoritarian public sentiment in rights-based adjudication. Candidates are also expected to discuss the broader legal trajectories concerning civil liberties, non-discrimination, and civil union rights following decriminalization.

• Indian Constitution GS2
• Social empowerment, communalism, regionalism, secularism GS1
• Welfare schemes for vulnerable sections GS2

• Adultery Law
• Article 370
• Ayodhya Dispute
• Right to Privacy
• Sabarimala Case
• Triple Talaq