Q79 · UPPSC Prelims 2018 · Set B · General Studies

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The Supreme Court's judgment regarding homosexuality is related to which of the following?

A Section 377 of IPC
B Article 377 of the Indian Constitution
C Article 277 of the Indian Constitution
D None of the above

Correct answer: (a) Section 377 of IPC

Explanation

  1. A

    Section 377 of IPC

    Section 377 of the Indian Penal Code criminalised certain consensual same-sex acts. In Navtej Singh Johar (2018) the Supreme Court read down that section for consenting adults. The judgment is about IPC 377. This option is the official key.

  2. B

    Article 377 of the Indian Constitution

    There is no Article 377 in the Constitution dealing with homosexuality. The number 377 here is the Code section, not a constitutional article. This option is not the key.

  3. C

    Article 277 of the Indian Constitution

    Article 277 concerns taxes, not sexual orientation. This option is therefore wrong.

  4. D

    None of the above

    Because the case is squarely Section 377 IPC, none of the above is incorrect. This option is not the key.

Summary. Official key is (a) Section 377 of IPC. The 2018 Constitution Bench held that consensual adult homosexual conduct is protected under Articles 14, 15, 19 and 21, and cannot remain a crime under 377. The Constitution has no Article 377 on this subject. Article 277 is fiscal. Only (a) is the provision judged.