Unnatural Sexual Offenses and Indian Laws: Historical Context, Current Position, and Future Outlook

Historically, the colonial origin of Section 377 of the Indian Penal Code (IPC) became the question of intense legal and social dispute as it criminalized not only non-consensual but also consensual carnal intercourse applicable to everyone irrespective of gender. Indian legislation has undergone a regressive change in the absence of a provision equivalent to the erstwhile Section 377 IPC within the newly enacted Bharatiya Nyaya Sanhita (BNS). The absence of a specific statutory provision against these crimes leaves law enforcement agencies with limited legal tools to respond to such complaints, which would exacerbate the underreporting of these crimes and further marginalize their victims. This review article covers the historical trajectory of Section 377 IPC, the battles between societal norms versus fundamental rights, and consensual versus non-consensual sexual acts in the eyes of the law. It further probes judicial observations made in various public interest litigations and landmark judgments, and critically assesses the noticeable legal void that exists within the current BNS in this context along with projected solutions.