Legal Gap in LGBTQ Protection Sparks Delhi High Court Review

The Delhi High Court is set to reconsider a public interest litigation (PIL) calling for legal provisions addressing non-consensual unnatural sex, reminiscent of the now-repealed Section 377 of the Indian Penal Code (IPC). This move comes as the Centre has yet to take concrete action, more than a year after the court's initial direction.

A bench headed by Chief Justice D K Upadhyaya and Justice Tejas Karia reinstated the petition, originally disposed of in August 2024. The petition, filed by Gantavya Gulati, highlights the urgent need for legal protections for the LGBTQ community in the event of non-consensual unnatural acts.

The court directed the central government to provide an affidavit detailing compliance steps within four weeks, while setting a May date for further hearings. The BNS, which replaced the IPC, lacks provisions akin to Section 377, creating a legal void for the LGBTQ community.