Supreme Court sets aside Delhi High Court judgment in Naz Foundation; Declares S.377 to be constitutional [Download Judgment]

Murali Krishnan December 11 2013
section 377

The Supreme Court today, in Suresh Kumar Koushal & Ors. v. Naz Foundation & Ors. (SLP (c) 15436/2009), declared Section 377 of the Indian Penal Code as constitutionally valid, setting aside a 2009 judgment of the Delhi High Court.

The Court held that Section 377 is not unconstitutional while stating that it would be open for the Parliament to consider scrapping the law.

In its 98 page judgment, the Court reasoned that,

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