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The issue, 'whether Section 377 of the Indian Penal Code is violative of Articles 21, 14 and 15 of the Constitution of India' was decided in which one of the following cases?

A.
Shreya Singhal vs. Union of India
B.
Vishakha vs. State of Rajasthan
C.
Shayara Bano vs. Union of India
D.
Naz Foundation vs. Government of NCT of Delhi and others

Solution:

The correct answer is Option 4.Naz Foundation vs. Government of NCT of Delhi and othersNaz Foundation filed the first major case, Naz Foundation vs. Government of NCT of Delhi & Others against Section 377 in 2001.However, a two-judge Delhi High Court Bench dismissed the case in 2004, terming it as a mere academic challenge to the constitutionality of a legislative provision.The Supreme Court ordered Delhi High Court to hear the case again.As a result, in a landmark decision in 2009, the High Court decriminalized Section 377, ruling that consenting intercourse between two adults was not illegal.The verdict declared that Section 377 of IPC was violative of Articles 21, 14 and 15 of the Constitution. Hence, Option 4 is correct.Additional InformationShreya Singhal vs. Union of IndiaThe Supreme Court sought the Centres response to a plea alleging that despite the striking down of draconian Section 66A of the IT Act in 2015 by the apex court, police in various states were still invoking it in FIRs to clamp down on free speech on social media platforms.In Shreya Singhal v. Union of India judgement, Justices Rohinton F. Nariman and J. Chelameswar had observed that the weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing ‚¬Å“inconvenience, danger, obstruction and insult‚¬, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech.Vishakha vs. the State of RajasthanThe Supreme Court's ruling in Vishakha vs State of Rajasthan established detailed standards for dealing with the threat of sexual harassment at work.The Bhanwari Devi case, which opened the way for the Vishaka recommendations, is one of the most important cases in the field of women's protection.Shayara Bano vs. Union of IndiaShe filed a Writ Petition in the Supreme Court, asking to declare three Muslim practices unconstitutional: talaq-e-biddat, polygamy, and nikah-halala.She claimed that these actions were in violation of Articles 14, 15, 21, and 25 of the Constitution.On August 22, 2017, a legal ban was announced by the five-judge bench on the Triple Talaq by a 3:2majority.

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