Section 377: Will it be against the order of nature if sex is performed differently, asks Justice Nariman

New Delhi: The Supreme Court has reserved its verdict on a clutch of pleas challenging the constitutional validity of section 377 of the Indian Penal Code which criminalises consensual gay sex. During the concluding arguments before a five-judge constitution bench on Tuesday, Justice Rohinton Nariman observed that if the Supreme Court is satisfied that Section 377 is unconstitutional, revoking it would be the court’s duty.

According to India, Justice Nariman also raised a question: “What is the law of the nature? Is it the law of the nature that sex should be performed only for procreation? Will it be against the order of the nature if sex is performed differently?” “The moment we are convinced there is a violation of fundamental rights, we will strike it down and not leave it to legislature,” Justice Nariman also said.

On Tuesday, senior advocate K Radhakrishnan argued that incidence of HIV will increase in the country if Section 377 IPC is struck down by the court. He added that such a move will also make India lose its nobility, character and virtuousness. To this, the bench said: Are sexually-transmitted diseases not prevalent among heterosexual couples?

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