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Supreme Court ruling on Sec 377 not applicable in J&K

By Our Representative
The Supreme Court on September 6, 2018, pronounced a historic judgement by scrapping down the Section 377 of the Indian Penal Code (IPC) and legalising consensual gay sex, the LGBT+ community across the country, but it will not be applicable in Jammu & Kashmir (J&K).In J&K the Ranbir Penal Code (RPC) rules, and IPC does not automatically extend to the state, which is governed by its separate constitution and a separate penal code.
The RPC, say legal experts, was also framed during British rule in India and is on the lines of the IPC. Though Section 377 has been diluted by the top court's sentence, the RPC still criminalises sex against the order of nature.
To make the SC ruling applicable, J&K Assembly would have to frame a law and send it to the state governor for approval. The governor, in return, must forward it to the President of India for a final nod. Although Jammu and Kashmir is under Governor's Rule, the state Assembly cannot frame any law. Hence, the onus is on J&K governor Governor Satya Pal Malik to send a recommendation to the president.

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