Which one of the following organizations challenged the constitutionality of Section 377 of the Indian Penal Code in the Supreme Court of India ?
Naz Foundation (India) Trust
Bachpan Bachao Andolan
Sambhav Foundation India
ActionAid India
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CDS-2 – 2024
The correct option is A) Naz Foundation (India) Trust.
Naz Foundation (India) Trust was the non-governmental organization that filed a public interest litigation (PIL) in the Delhi High Court challenging the constitutional validity of Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults of the same sex. The Delhi High Court read down Section 377 in 2009, decriminalizing such acts. This judgment was later overturned by the Supreme Court in 2013 (Suresh Kumar Koushal vs. NAZ Foundation), which re-criminalized these acts. However, the Naz Foundation’s legal battle was pivotal in bringing the issue to the forefront. Subsequently, other petitions led to the Supreme Court’s landmark judgment in 2018 (Navtej Singh Johar vs. Union of India), which finally decriminalized consensual adult homosexual acts.