As it stands, the section reads:
377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Indian courts have interpreted the phrase 'against the order of nature' to be inclusive of any form of penile non-vaginal intercourse.
We declare that Section 377 IPC, insofar it criminalises consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution. The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.
The recent Supreme Court judgement overturned this 'reading down' of the section.
This is true. But it is absurd to pretend that sex is not a natural part of love and relationships. It is equally absurd to imply that since the law is only about sexual acts, it isn’t unfair or bigoted. Look at it this way, the only ‘type’ of people who will be able to afford supporting this decision without a personal cost, will be heterosexuals. Homosexuals, bisexuals, transsexuals and trangendered people are out by definition. Moreover, high courts have, in the past, ruled that so long as there is a possibility of intercourse ‘within the order of nature’, everything else two people do can be looked at as a prelude to it, like a kiss. But since with people of the same gender, there is no way it can ever lead to natural intercourse, homosexual intercourse will always fall under ‘unnatural offences’.
‘It could’ve been worse. There are countries that put people to death for being gay.’
I’m not sure this point of view even deserves the complement of a rational argument.
Those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes and the people falling in the later[sic] category cannot claim that Section 377 suffers from the vice of arbitrariness and irrational classification.
In order to fulfil this test [of substantive due process] the law must not only be competently legislated but it must also be just, fair and reasonable. Arising from this are the notions of legitimate state interest and the principle of proportionality.
a miniscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders and in last more than 150 years less than 200 persons have been prosecuted (as per the reported orders) for committing offence under Section 377 IPC and this cannot be made sound basis for declaring that section ultra vires the provisions of Articles 14, 15 and 21 of the Constitution.