LGBTQ community in India. Thus, it read down Section 377 to exclude consensual sexual relationships between adults, whether between same-sex individuals or otherwise ... Constitution. Section 377 will continue to apply to non-consensual sexual activity against adults, sexual acts against minors and bestiality. The five-judge bench
take note of inborn traits or developed orientations or, for
that matter, consensual acts which relate to responses to series of
free exercise of assertions ... view of the existence of Section 377 in the IPC ,
consensual activities amongst transgenders would continue to
constitute an offence. Drawing inspiration from the NALSA
that such Commissions
would be authorised to refer the disputes for a consensual adjudication,
merely because to arrive at a decision, it would be necessary ... receipt of a complaint from a consumer, for being settled through a
consensual adjudication, the conclusion is irresistible that the
Commissions under the Consumer Protection
following terms:
“We declare that Section 377 IPC, insofar it criminalises consensual
sexual acts of adults in private, is violative of Articles ... Constitution. The provisions of Section 377 IPC will
continue to govern non-consensual penile non-vaginal sex and penile
non-vaginal sex involving minors
transfer",
within the meaning of article 222(1)
means a consensual, not a compulsive shifting
of a Judge from one High Court to another ... provisions which are enacted in
order to secure judicial independence. A non-
consensual transfer will provide the executive
with a potent weapon to punish
regulation is
subsidiary to the essential character of the transaction
which is consensual and contractual. The parties to the
contract must agree upon the same ... field of choice does not take away the contractual or
essentially consensual binding core or character of the
transaction. [438B-D, EG, 439A-C, 440B
twenty-five
years, and had become pregnant as a result of a consensual relationship. The
appellant wished to terminate her pregnancy as “her partner ... appellant, being an unmarried woman, whose pregnancy arose out of a
consensual relationship, was not covered by any of the sub-clauses of Rule
such institutions and that this can only
be done by a consensual arrangement. They submitted that in P.A. Inamdar
(supra), this Court further held ... percentage
of quota are to be read and understood as possible consensual
arrangements which can be reached between unaided private
professional institutions and the State
unnatural offences", to the
extent the said provision criminalises consensual sexual
acts between adults in private. The challenge is founded on
the plea that ... petitioners submit that Section 377 IPC should apply only to
non-consensual penile non-vaginal sex and penile non-
vaginal sex involving minors. The Union
Constitution. It was held by
the High Court that an element of consensuality subsisted
even in compulsory sales governed by law and once there ... element of consensuality even though minimal, that would
be sale or purchase for purposes of Sale of Goods Act and
the same would be exigible
