Which one of the following organizations challenged the constitutionality of Section 377 of the Indian Penal Code in the Supreme Court of India?

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CDS-II (General Knowledge) Official Paper (Held On: 01 Sept, 2024)
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  1. Naz Foundation (India) Trust
  2. Bachpan Bachao Andolan
  3. Sambhav Foundation India
  4. ActionAid India

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Option 1 : Naz Foundation (India) Trust
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The correct answer is  Naz Foundation (India) Trust.

Key PointsChallenging Section 377 of the Indian Penal Code

  • Naz Foundation (India) Trust is a non-governmental organization (NGO) that has been actively working on issues related to HIV/AIDS and sexual health in India.
  • In the year 2001, the Naz Foundation filed a Public Interest Litigation (PIL) in the Delhi High Court challenging the constitutionality of Section 377 of the Indian Penal Code (IPC).
  • Section 377 of the IPC, which dated back to the British colonial era, criminalized "carnal intercourse against the order of nature," which was interpreted to include homosexual acts.
  • The Naz Foundation argued that Section 377 violated fundamental rights guaranteed under the Indian Constitution, including the right to equality (Article 14), the right to freedom (Article 19), and the right to life and personal liberty (Article 21).
  • In 2009, the Delhi High Court delivered a landmark judgment decriminalizing consensual homosexual acts among adults by reading down Section 377. However, this decision was later overturned by the Supreme Court of India in 2013.
  • In a historic judgment on 6th September 2018, the Supreme Court of India decriminalized consensual homosexual acts among adults by partially striking down Section 377, thus affirming the rights of the LGBTQ+ community.

Additional Information

  • Section 377 of the IPC was introduced in 1861 during the British rule in India.
  • The section criminalized sexual activities "against the order of nature," which was interpreted to mean homosexual acts.
  • The Supreme Court's judgment in 2018 was a significant victory for the LGBTQ+ rights movement in India, as it recognized the rights of individuals to express their sexuality without fear of criminal prosecution.
  • The judgment emphasized the importance of individual dignity and privacy and recognized that sexual orientation is an inherent part of a person's identity.
  • The Supreme Court held that Section 377 was unconstitutional as it violated the fundamental rights guaranteed under the Indian Constitution.
  • This landmark decision has paved the way for further legal and social advancements for the LGBTQ+ community in India, promoting greater acceptance and equality.
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