Call for Legal Revisions: Inclusion of Penal Provisions for Unnatural Sex in BNS

The Delhi High Court has asked the Central government to consider a PIL against the exclusion of penal provisions for unnatural sex and sodomy in the Bhartiya Nyaya Sanhita (BNS), which replaced the IPC. This change has created a legal gap, affecting the LGBTQ community and others. The court emphasized the urgency of the matter, urging timely government action.

The Delhi High Court has directed the Central government to treat a Public Interest Litigation (PIL) challenging the exclusion of penal provisions for unnatural sex and sodomy in the newly enacted Bhartiya Nyaya Sanhita (BNS) as a representation.

Acting Chief Justice Manmohan and Justice Tushar Rao Gelela emphasized the urgency and asked the government to decide on the matter expeditiously, preferably within six months. The court also allowed the petitioner to revive the plea if there is a delay.

The PIL was filed by lawyer Gantavya Gulati, pointing out the legal gap resulting from the repeal of section 377 of the IPC, which previously criminalized non-consensual unnatural sex. The bench noted the urgency and suggested that an ordinance could address the issue while the government deliberates.

(With inputs from agencies.)