The Delhi High Court is set to revisit a public interest litigation (PIL) aimed at introducing penal provisions for non-consensual unnatural sex, similar to the now-abolished Section 377 of the Indian Penal Code. This pivotal decision came on March 20, 2026, when a bench led by Chief Justice D.K. Upadhyaya and Justice Tejas Karia chose to restore the petition originally filed by Gantavya Gulati. The petition had previously been dismissed in August 2024, with instructions for the central government to promptly address the representations made by Gulati regarding this pressing issue.
The litigation underscores a significant “legal lacuna” attributed to the enactment of the Bharatiya Nyaya Sanhita (BNS), which does not contain provisions comparable to Section 377. This absence complicates the legal landscape for victims-particularly among the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community-by leaving them without specific criminal remedies for various forms of sexual assault. The court emphasized that the government has had ample time to act, stating, “A time period of one and a half years can be safely said to be reasonable time to take any decision. However, the decision is nowhere in sight.” Consequently, the petition was reinstated to its original status for further consideration.
The court has also demanded an affidavit from the central government detailing the measures it has undertaken to comply with its earlier directive. Counsel representing the government noted that the matter is sensitive and that consultations with stakeholders have been initiated.
Section 377, which had been amended by the Supreme Court to decriminalize consensual same-sex relationships, continues to apply to non-consensual acts, offenses involving minors, and bestiality. The BNS, which replaced the IPC as of July 1, 2024, has positioned lawmakers under scrutiny for ensuring adequate protections against sexual offenses, particularly where the victim is male.
Gulati’s petition argues that the lack of a comparable provision creates a critical gap in legal protection-especially in cases where a man alleges sexual assault by another man. This situation, according to the petition, necessitates urgent legislative intervention to safeguard the rights and welfare of victims.
As the court prepares to reexamine this issue, it raises vital questions about the adequacy of existing laws and the need for an evolved legal framework that can address the complexities of sexual offenses in contemporary society. With the court’s decision looming, advocates for LGBTQ rights and legal reform remain watchful, hoping for a clear path toward justice and protection for all individuals.
The Delhi High Court’s forthcoming deliberations could have significant ramifications for legal protections within the LGBTQ community, highlighting the ongoing struggle for equality and justice in India. As developments unfold, the urgency for legislative clarity and comprehensive legal safeguards grows ever more critical.
Published – March 21, 2026 02:14 am IST
Original Source: https://www.thehindu.com/news/national/delhi-hc-restores-plea-on-absence-of-section-377-like-provision-in-bns/article70765555.ece
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Publish Date: 2026-03-21 02:24:00
