NHRC issues a statement appealing to the Government for suitable modification in Section 377 of the IPC to protect the rights of gay
New Delhi, 13th December, 2013
"The NHRC has noted with concern the public response to the recent Supreme Court judgment in view of the fact that human rights of a section of society are involved in this matter.
In 2009, by judgment of Delhi High Court, it was held that Section 377 of the Indian Penal Code (IPC), which criminalizes consensual sexual acts of adults in private is violative of Article 21, 14 and 15 of the Constitution. The High Court was of the view that Section 377 of the IPC grossly violates the rights of citizens who are lesbians, gay, bisexual or trans-genders. The above view has now been reversed by the Supreme Court.
NHRC is of the view that all people regardless of their sexual orientation or gender identity, should be able to enjoy their human rights. The Commission, therefore, appeals to the Government to urgently take all necessary legislative treatment on the basis of sexual orientation or gender identity so that no individual or a group of people is deprived of their human rights. Section 377 of the IPC should be suitably modified to achieve the above object."