Abstract

This paper make much of the result of the case Naz Foundation in which it discriminalises homosexuality, but the main question is that the continuing problematic legal labelling of it as an activity that contravenes the order of nature. The term such as the "˜order of nature"™ in the context of the sexual preference are inherently indeterminate, vague and arbitrary and are therefore likely to the contravene Article 14,15, and 21 0f Indian constitution. The Naz court endores a line of sec. 377 of IPC cases that embody a prudish victorian morality, under which only "˜ protective"™ sex is comes under the "˜natural act"™.According to this logic of Naz Foundation, even use the the contraceptive during the sex would count as the unnatural,as the absurd result, given that the India suffers a population explosion problem. In any case, it is not the place of the states to regulate such private Acts that cause no palpable harms. This paper explores the all hidden facts of the section 377 of IPC and as well as all the parameters of Article 14,15,and 21 of constitution of India and argues that is is difficult to locate any intelligible differentia between the term "˜natural"™ and "˜unnatural"™. The court did not adopt the more "˜natural"™ line of the argument above and strike down section 377 as a whole, as it may have feared the resulting decriminalisation of problematic sexual activities such as paedophilia and bestiality. Ashutosh Gupta"Whether Section 377 of IPC Voilates the Fundamental Rights" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17008.pdf http://www.ijtsrd.com/management/law-and-management/17008/whether-section-377-of-ipc-voilates-the-fundamental-rights/ashutosh-gupta

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