The Delhi High Court on Wednesday directed the Centre to consider a public interest litigation as a formal representation concerning the removal of penal provisions for unnatural sex and sodomy from the Bhartiya Nyaya Sanhita, which replaced the Indian Penal Code.
The bench, comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gelela, instructed the Central government to address the representation promptly, ideally within six months. The court dismissed the PIL but allowed the petitioner to return to court if there is undue delay in the government’s response.
The PIL, filed by lawyer Gantavya Gulati, sought to address a “legal lacuna” created by the BNS, which has repealed Section 377 of the IPC. This section previously criminalized non-consensual unnatural sex, including acts involving minors and bestiality.
Central government counsel Anurag Ahluwalia informed the court that the issue is under review and requires a comprehensive approach. The court expressed concern over potential legal gaps, noting that if an offence occurs now, there might be no adequate legal remedy under the current statutes.
The bench emphasized the urgency of the matter, suggesting that if necessary, an ordinance could be considered to fill the legal void. They highlighted the need for immediate action, given the significant impact on vulnerable communities, including the LGBTQ community.
The petitioner argued that the BNS’s lack of provisions equivalent to Section 377 leaves a critical gap in legal protection, particularly affecting LGBTQ individuals. They requested provisional revival of the criminalization of non-consensual sexual acts as previously defined in Section 377 until the petition is resolved.
The plea also urged the Centre to amend the BNS to include explicit provisions criminalizing non-consensual unnatural sexual acts.
