s. 377 - Constitutional validity of - Whether suffers from
the vice of arbitrariness and irrational classification and
whether violative of Art. 21 - To the extent, it penalises sexual
acts in private between consenting adults - Held: s. 377 /PC does not suffer from the vice of unconstitutionality - Those
who indulge in carnal intercourse in the ordinary course and
those who indulge in carnal intercourse against the order of
nature, constitute different classes - People falling in the later
category cannot claim that s. 37.7 suffers from vice of arbitrariness and irrational classification - s. 377 does not
criminalise a particular people or identity or orientation but
merely identifies certain acts which if committed would
constitute an offence - The factual foundation in support of
challenge to s. 377 is insufficient to record a finding that homosexuals are subjected to discriminatory treatment - The
facts of the case cannot be made sound basis for declaring
s. 377 ultra vires the provisions of Arts. 14, 15 and 21 -
Despite the verdict, liberty given to the competent legislature
G to consider the desirability and propriety of deleting or
amending s. 377 - Constitution of India, 1950 - Arts. 14, 15
and 21 - Universal Declaration of Human Rights (1948) -
Article 12 - International Covenant of Civil and Political Rights
and European Convention on Human Rights - Article 17.