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On criminalisation and pathology: a commentary on the Supreme Court judgment on Section 377

Alok Sarin

DOI: 10.20529/IJME.2014.002


The judgment delivered last week by the Supreme Court of India, upholding the constitutionality of Section 377 of the Indian Penal Code (IPC), overturns a judgment by the Delhi High Court in 2009 that decriminalised sexual activity between two consenting adults. This judgment has unleashed a veritable firestorm of protest in the public space. There has been a heated and vitriolic debate on this issue in the print and social media, as well as television, with public opinion, in the main, being critical of the judgment.

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