Today, On 28th August, The Delhi High Court gave the Centre six months to address the exclusion of ‘unnatural offences’ from the Bharatiya Nyaya Sanhita (BNS), expressing concern over non-consensual acts no longer being punishable. The absence of equivalent provisions in the BNS to address such acts has faced criticism. The Court instructed the government to make a decision within six months.
A PIL was filed in the Delhi High Court today challenging the exclusion of non-consensual sodomy or other ‘unnatural’ sexual relations under the Bharatiya Nyaya Sanhita (BNS). The Court agreed to hear the matter. Critics are concerned about the lack of legal recourse for non-consensual acts, especially for men and transgender individuals. Several legal developments have influenced the perspective on sexual acts, including the Rights of Transgender Persons Act of 2019 and the Protection of Children from Sexual Offences (POCSO) Act of 2012. The omission of Section 377 from the BNS leaves men and transgender individuals without legal recourse for non-consensual sexual acts and fails to address sexual acts involving animals.
