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In Naz Foundation v. NCT of Delhi, the Delhi High Court found Section 377 of the Indian Penal Code to be unconstitutional by:
Question

In Naz Foundation v. NCT of Delhi, the Delhi High Court found Section 377 of the Indian Penal Code to be unconstitutional by:

A.

Using the doctrine of eclipse.

B.

Reading down the scope of the Section 377 of IPC

C.

Using the prohibition against colourable legislation.

D.

Using the rule of severability.

Correct option is B

The correct answer is B. The Delhi High Court in Naz Foundation v. NCT of Delhi (2009) applied the principle of reading down to interpret Section 377 IPC. The court held that the provision criminalizing consensual same-sex relations between adults in private violated fundamental rights and thus read it down to exclude consensual acts between adults.

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