Fundamental Rights of Sexual Minorities and Section 377 of IPC. A Need to Revisit the Provision in the Light of Indeterminacy of the Definition of 'Against the Order of Nature'

      Аннотация: Is it a crime to be with the person you love? This book reflects the plight of the LGBT community in India, where the archaic provision of Section 377 of IPC neither reflects the Indian cultural and religious philosophy nor the public and constitutional morality. What is it based on then and why is the judiciary reluctant to press for a change? Isn't it high time that we break away from the shackles of the Juedo Christian attitude brought through Macaulay's codification, which is overshadowing the more important principles of Equality, life and liberty , and free speech and expression? Nandita Narayan examines, with various studies and research materials the way in which this provision gives an unfettered power to the executive to harass,intimidate,badger and maliciously prosecute a person merely because he chooses to be with a person of the 'same-sex'.

Ключевые слова: Religion, Homosexuality, judicial review, public morality, Section 377 of the Indian Penal Code, Fuller, constituional morality, hart, devlin