The opposite of unnatural intercourse: understanding Section 377 through Section 375.

Sabestian, John (2017) The opposite of unnatural intercourse: understanding Section 377 through Section 375. Indian Law Review, 1 (3). pp. 232-249. ISSN 24730580

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Abstract

S 377 has again become a hot topic of debate with the Supreme Court recently deciding to set up a bench to hear challenges to its constitutionality. I focus upon one particular argument in the curative petition, which claims that the change in the definition of rape in S 375 of the IPC has an impact on what can be considered criminal under S 377. I shall argue that the law’s change in the definition of rape reflects the manner in which societal understandings of sex itself have evolved, because rape is often defined in contrast to the “regulative ideal” of “ordinary” sexual intercourse. Further, this will demonstrate that merely going Naz Foundation’s way of restricting the application of S 377 to non-consensual “unnatural” intercourse is not enough. In order for the new S 375 to make sense, there is no option but for S 377 to be radically reinterpreted.

Item Type: Article
Keywords: Unnatural Intercourse | Under Sec 377 | Rape Under Sec 375 | Non-Consensual Sex
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 26 Jan 2022 04:54
Last Modified: 26 Jan 2022 04:54
Official URL: https://doi.org/10.1080/24730580.2018.1453748
URI: https://pure.jgu.edu.in/id/eprint/853

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