The Supreme Court is again abreast with the challenge to the constitutionality of Section 377 of the Indian Penal Code. Before delving into the question of the constitutionality of Section 377, a brief context about the provision is in order.Section 377 forms a provision of the Indian Penal Code (IPC), which was enacted in 1860. More interestingly, the broad framing of the code with the submission of its final draft occurred in 1837. The code came into operation in 1862.
Therefore, the IPC is an old law and contains provisions based on the value system practiced in those times. The IPC is also one of those laws which predate our Constitution. Laws are frequently moralistic and certainly reflect the morality of the age when they were framed. This is why periodic amendments to major legislations are continuously done to keep such laws relevant in the present context.