Firstly, the effect of the NPA's proposal would be to set the age of consent at 16 for acts termed " carnal intercourse " but 18 for those termed " immoral or indecent acts ", and this would in fact cause the unconstitutional discrimination to persist, as " carnal intercourse " was understood to include only heterosexual sex.
32.
This made it an offence for a person to voluntarily have " carnal intercourse against the order of nature . " In 2009, the Delhi High Court decision in " Naz Foundation v . Govt . of NCT of Delhi " found Section 377 and other legal prohibitions against private, adult, consensual, and non-commercial same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution.
