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No situation has changed after supreme court judgment in Johar's case. Now homosexuality of either sex has been decriminalized. so anal sex with either gender of course both partners being adult and with mutual consent is not illegal.Just one line ro prove even courts are in confusion on this matter.
They call veginal sex as natural, while anal as unnatural.
I'm not advocating anything here, but naturally sex/relation is made only by 2 opposites. And current flows from one side to another.
Section 377 of the IPC categorised consensual sexual intercourse between same sex people as an “unnatural offence” which is “against the order of nature”. It prescribed a punishment of 10 years imprisonment. The provision is a Victorian-era law, which survived into the 21st century. Interestingly, about 123 countries around the World have never penalized or decriminalized homosexuality.
Naz Foundation (India) Trust challenged the constitutionality of Article 377 under Article 14, 15, 19 and 21 before the Delhi High Court. The Foundation contended that Section 377 reflects an antiquated understanding of the purpose of sex, namely as as means of procreation, and has no place in a modern society.
The Delhi High Court ruled in 2009 that Section 377 cannot be used to punish sex between two consenting adults – this violates the right to privacy and personal liberty under Article 21 of the Constitution. The Court held that classifying and targeting homosexuals violates the equal protection guarantee under Article 14 of the Constitution.
The Supreme Court on January 5th, 2018, formed a Constitution Bench to hear the challenge to Section 377 in a comprehensive manner, even though the curative petitions were pending before the Court.
On September 6th, 2018 the five-judge Bench partially struck down Section 377 of the Indian Penal Code, decriminalising same-sex relations between consenting adults. LGBT individuals are now legally allowed to engage in consensual intercourse. The Court has upheld provisions in Section 377 that criminalise non-consensual acts or sexual acts performed on animals.
The judgment unanimously cited fundamental rights violations in reading down Section 377. They found that Section 377 discriminates against individuals on the basis of their sexual orientation and/or gender identity, violating Articles 14 and 15 of the Constitution. Further, they ruled that Section 377 violates the rights to life, dignity and autonomy of personal choice under Article 21. Finally, they found that it inhibits an LGBT individual’s ability to fully realize their identity, by violating the right to freedom of expression under Article 19(1)(a).
so legal position now is penetrative anal intercourse between two consenting adults, male or female is not illegal as held by Supreme Court on 6th September 2018. However, non-consenting sex or sex with animals is still called unnatural.
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