Uncovering A Legal Void: The Missing Pieces Of Section 377
- IJLLR Journal
- Sep 19, 2024
- 1 min read
Updated: Sep 27, 2024
Varnika Singh, Head-Legal Department at the Federation of Indian Animal Protection Organisations (FIAPO)
ABSTRACT
This article critically examines the recent amendments of India's criminal justice system, marked by the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1897 (CrPC), and the Indian Evidence Act, 1872 (IEA) as of July 1, 2024.
The purpose of the overhaul is to turn the Indian criminal justice system more robust, technologically advances and efficient. Additionally, these changes also aims to reform the outdated colonial legal framework. However, in this process a significant gap has been created inadvertently by completely omitting Section 377 of the IPC. This Section addressed unnatural offences, covering offences including sexual violence against same sex couples or individuals. The Section also covered offence of sexual violence against animals by humans.
This article critically evaluates this significant gap by focusing into the legal rights of the vulnerable sections of the society, including LGBTQ+ communities and non-human animals. It explores protections for these groups have been undermined by this change. It highlights the need of gender neutral rape laws and specific separate provision for sexual crimes against animals. Furthermore, it examines how the intersection of criminal law, gender rights, and speciesism reflects the historical neglect of sexual violence against these marginalized groups.
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