Abolition without Substitution Revisiting Section 377 IPC in Light of the Bharatiya Nyaya Sanhita, 2023
The decriminalisation of consensual same-sex relations in Navtej Singh Johar v. Union of India (2018) marked a pivotal shift in Indian constitutional jurisprudence toward dignity and equality. However, the complete abolition of Section 377 of the Indian Penal Code (IPC) under the Bharatiya Nyaya Sanhita, 2023, without introducing a substitute provision, creates a legal void. This research investigates the scope and impact of Section 377, examining its historical context, judicial evolution, and the legal and social implications of its repeal. The study argues that the absence of a legal framework addressing non-consensual carnal acts, bestiality, and gender-neutral protections exposes vulnerable groups to harm. It concludes by recommending statutory reforms that uphold both individual liberty and necessary safeguards.
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