UPPSC PCS - 2018
Supreme Courts judgement regarding homosexuality is related to which of the following?
Year Asked: 2018
Correct Answer
A. Section 377 of IPC
Detailed Explanation
The correct answer is A) Section 377 of IPC. In Navtej Singh Johar v. Union of India (2018), the Supreme Court read down Section 377 of the Indian Penal Code so that it no longer criminalised consensual sexual acts between adults of the same sex. The Court held that this violated Articles 14, 15, 19 and 21. Section 377 is a penal provision on 'unnatural offences' in a statute, which is why it is the link here.
Why the others are wrong:
- B) Article 377 of the Constitution is not about sexuality. It deals with continuity of provisions relating to the Comptroller and Auditor-General, a transitional provision.
- C) Article 277 of the Constitution deals with savings in respect of certain state taxes. It has nothing to do with this issue.
- D) None of the above is wrong because option A is correct.
Core concept: judicial review of a pre-constitutional law against Part III fundamental rights, and the principle that constitutional morality prevails over social morality. This is a standard GS-II topic on fundamental rights and the role of the judiciary.
Current position: Section 377 IPC was omitted when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The judgment remains the governing authority on consensual same-sex relations.
Trap: aspirants treat 'Article' and 'Section' as interchangeable and pick a constitutional article, forgetting that Section 377 belongs to the IPC, a statute, not the Constitution.
This question appeared in UPPCS 2018 GS Paper 1.
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