SC plea to reinstate forced unnatural sex as crime junked

The Supreme Court on Monday refused to direct the Union government to incorporate non-consensual unnatural sex as an offence under the newly enacted Bharatiya Nyay Sanhita (BNS), which does not include a provision similar to the former Section 377 of the Indian Penal Code (IPC).P)..

The bench, which also comprised justices JB Pardiwala and Manoj Misra, underscored that creating an offense is the exclusive domain of the legislature, and that courts cannot intervene in legislative matters by directing the inclusion of specific crimes in penal statutes..

In Constitution bench judgments such as Kesavananda Bharati Vs State of Kerala (1973), IR Coelho Vs State of Tamil Nadu (2007), the top court ruled that the doctrine of separation of powers, though not specifically engrafted, is constitutionally entrenched and forms part of the basic structure as its sweep, operation and visibility are apparent..

During Mondays hearing, Sharmas petition highlighted the potential risks of omitting non-consensual acts from the penal code and asked the court to direct the government to either reinstate criminalisation of these acts under a new provision or restore penalties akin to the old Section 377..

In response, the Centres counsel, Anurag Ahluwalia, informed the high court that consultations were ongoing and that the inclusion of a provision similar to the former Section 377 would involve collaboration across government agencies and stakeholders, ensuring broad consensus..

You might be interested in