NEW DELHI: The Delhi High Court on Wednesday directed the Centre to urgently address the demand for reinstating a legal provision to punish non-consensual sodomy or “unnatural” sexual acts under the Bharatiya Nyaya Sanhita (BNS).
A division bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a PIL that challenges the exclusion of a provision equivalent to the now-repealed Section 377 of the Indian Penal Code (IPC) in the BNS.
Section 377 previously criminalised “carnal intercourse against the order of nature” with severe penalties, including life imprisonment.
During the hearing, Central Government Standing Counsel Anurag Ahluwalia informed the court that the matter was under serious consideration and that a comprehensive decision would be made.
The HC emphasised the importance of having a legal framework to address non-consensual sexual acts. “There cannot be a legal vacuum for such offences. The concern was not about criminalising consensual acts but ensuring that non-consensual acts are not left unpunished. If something happens outside this court, should we all turn a blind eye because it is no longer a penal offence in the statute books?” it observed.
The judges suggested that the government consider issuing an ordinance if necessary.