Delhi High Court Revives PIL Seeking Penal Provision for Non‑Consensual Unnatural Sex under BNS — UPSC Current Affairs | March 20, 2026
Delhi High Court Revives PIL Seeking Penal Provision for Non‑Consensual Unnatural Sex under BNS
On 20 March 2026, the Delhi High Court revived a PIL seeking a criminal provision for non‑consensual unnatural sex, citing a gap in the Bharatiya Nyaya Sanhita that lacks an equivalent to Section 377. The move underscores the need for legislative amendment to protect LGBTQ and other victims, highlighting the judiciary's role in addressing statutory lacunae.
Overview The Delhi High Court on 20 March 2026 ordered the revival of a PIL filed by Gantavya Gulati. The petition seeks a specific criminal provision for non‑consensual "unnatural" sexual acts, similar to the erstwhile Section 377 of the Indian Penal Code. Key Developments The bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia restored the petition after it had been disposed of in August 2024 with a direction to the Centre for a decision. The court highlighted a "legal lacuna" in the Bharatiya Nyaya Sanhita (BNS) , which lacks a provision equivalent to Section 377. The petition argues that the absence of such a provision leaves the LGBTQ community and other victims without a specific criminal remedy for certain sexual assaults. The court has asked the Centre to file an affidavit detailing steps taken to comply with the earlier direction dated 28 August 2024. The central government counsel described the issue as "sensitive" and indicated that stakeholder inputs are being sought. Important Facts • The Supreme Court decriminalised consensual same‑sex relations in 2018, but Section 377 continues to apply to non‑consensual acts, offences involving minors, and bestiality. • The BNS came into force on 1 July 2024 , replacing the Indian Penal Code after a comprehensive legislative overhaul. • The petitioner contends that the current gap also affects cases where a man is allegedly sexually assaulted by another man, underscoring the need for gender‑neutral protection. UPSC Relevance Understanding this development is crucial for GS 2 (Polity) and GS 1 (Society & Social Justice). It illustrates the interaction between the judiciary and legislative reforms, highlights the challenges of ensuring inclusive criminal law, and reflects the evolving discourse on LGBTQ rights in India. Aspirants should note the procedural aspect of PILs, the role of High Courts in monitoring executive compliance, and the importance of statutory gaps in policy analysis. Way Forward Legislative: Amend the BNS to incorporate a clause criminalising non‑consensual "unnatural" sexual acts, ensuring gender‑neutral language. Executive: The Centre should promptly submit the required affidavit and consider stakeholder recommendations, including inputs from LGBTQ advocacy groups. Judicial: Continued monitoring by the High Court and possible intervention by the Supreme Court if the legislative response is inadequate. Societal: Awareness campaigns to educate vulnerable communities about legal recourse and to sensitize law‑enforcement agencies.
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Overview
Delhi HC revives PIL to plug BNS gap on non‑consensual ‘unnatural’ sex
Key Facts
20 March 2026: Delhi High Court revived the PIL filed by Gantavya Gulati seeking a penal provision for non‑consensual "unnatural" sexual acts.
Bench comprised Chief Justice D.K. Upadhyaya and Justice Tejas Karia, restoring the petition after its disposal in August 2024.
Bharatiya Nyaya Sanhita (BNS), effective 1 July 2024, lacks a provision equivalent to Section 377 of the IPC for non‑consensual "unnatural" sex.
Supreme Court decriminalised consensual same‑sex relations in 2018; however, Section 377 continues to criminalise non‑consensory acts, bestiality and offences involving minors.
The Court directed the Centre to file an affidavit on actions taken after its earlier order dated 28 August 2024.
Petitioner stresses gender‑neutral protection, including cases of male‑on‑male sexual assault, highlighting the need for inclusive criminal law.
Background & Context
The BNS replaced the colonial‑era IPC on 1 July 2024, aiming to modernise criminal law, but its omission of a Section‑377‑like clause creates a statutory vacuum for non‑consensual "unnatural" sexual offences. This highlights the interplay of legislative reform, judicial oversight via PILs, and the evolving rights of the LGBTQ community—core themes in GS‑2 Polity and GS‑1 Social Justice.
UPSC Syllabus Connections
GS2•Executive and Judiciary - structure, organization and functioningPrelims_GS•Constitution and Political SystemPrelims_GS•Public Policy and Rights Issues
Mains Answer Angle
GS‑2: Discuss the legislative lacuna in the BNS on non‑consensual "unnatural" sex, the role of High Courts in prompting executive action, and the implications for inclusive criminal law reform.