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Increased Violence against gay, bisexual men after BNS

Navtej Singh Johar v. Union of India case 2018:
SC decriminalized consensual same-sex relations by partially striking down Section 377 of the IPC.
The Court held that the law violated fundamental rights to equality, dignity, and privacy under Articles 14, 15, 19, and 21.
While the judgment decriminalized homosexuality, provisions related to non-consensual acts, sex with minors, and bestiality remain intact.
This landmark ruling affirmed LGBTQ+ rights, marking a victory for individual liberty and constitutional morality.
  • Research by BMC Public Health sampled 300 gay and bisexual men across six cities (Delhi, Mumbai, Kolkata, Bengaluru, Ahmedabad, Lucknow) and highlighted widespread violence against gay and bisexual men.
  • It underscored significant gaps in legal protection for men and transgender individuals after the introduction of the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC).
  • The Bhartiya Nyaya Sanhita does not have provisions addressing rape of men or transgender persons.
  • As per demographic trend violence was most common among individuals aged 18–24.
  • Those who publicly open about their sexuality were five times more likely to face violence.
  • Kolkata reported the highest overall violence (80%), followed by Delhi (72%) and Mumbai (58%)
  • Current laws focus on grievous hurt but do not address the specifics of sexual violence against men.

Dig Deeper: Read about the Rights of Transgenders under Transgender Persons (Protection of Rights) Act, 2019.

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