#The377Debate IV: Lesbian Morality

Mary Sagarika Biswas, of sound and competent mind, was considered ‘entitled’ to ‘lead her own life as per her own choice in the matter of sexual orientation’ [Writ Petition No. 23120(W) of 2018]. It appeared from her statement recorded under Section 164, The Code of Criminal Procedure that she is a ‘lesbian’. Of course, consensual cohabitation or carnal intercourse between two consenting adults of the same sex does fall within the ambit of Section 377. The Cal HC held: the matter of ‘sexual preference’ or ‘consensual intercourse’, even if not procreative, is inherent for the enjoyment of life and liberty of every individual and is protected under ‘constitutional morality’.

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