In a much celebrated judgement, the Delhi High Court on July 2nd, 2009 declared Section 377 of the Indian Penal Code unconstitutional with respect to sex between consenting adults. However, on December 11, 2013, the Supreme Court set aside the Delhi High Court’s verdict, and upheld the constitutionality of Section 377, leaving the decision to amend or repeal it to the Indian Parliament.
Arvind Narrain, prominent human rights lawyer and founder-member of Alternative Law Forum, talks about the difference between these two judgments.