Pre-judgement Matrix: Constitutionality of Section 377 IPC
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Options |
Reasons |
Maximalist |
The Court not only strikes down Section 377 but also guarantees a whole range of rights on the basis of sexual orientation and gender identity which include:
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First, the Court Holds that Section 377 violates the:
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Lean Maximalist |
The Court strikes down Section 377. |
The Court Holds that Section 377 violates the:
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Read down |
The Court reads down Section 377 instead of striking it down, stating that Section 377 no longer applies to adult consensual relations. |
The Court chooses not to strike down Sec. 377 completely, but read down the ambit because it contains provisions which criminalize actions that ought to be criminalized, such as:
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Minimalist |
The Court dismisses the petitions and upholds the constitutionality of Section 377. |
It would be very difficult for the Court to judge this way. But if it does, the Court would be assuming a strict notion of separation of powers that it is for Parliament to strike down the law and not the judiciary. |