When this provision was attacked for its constitutionality in the New Delhi High Court, the judge did not refer to the original purpose of s377A, as enunciated by its colonial legislators.
When this provision was attacked for its constitutionality in the New Delhi High Court, the judge similarly applied the rational nexus test. Professor Yap highlighted that the Indian judge did not refer to the original purpose of s377A, as enunciated by its colonial legislators.