Laws in India are given by britishers. One of the most debatable issue today has been the rights of third genders and its relevancy in Criminal Justice administration under S. 377 of IPC which is treated as gift by the British rule. It is based on the act of 1533 by the Parliament of England during the reign of King Henry VIII used to criminalize the sexual activities “ against the order of nature ”. S. 377 of Indian Penal Code, criminalises homosexual relations which has no jurisprudential justification as it makes consensual voluntary sexual act. The state cannot use its power to punish a particular practice on grounds of immorality only because of majority believes in it but this law also defines a criminal class not by virtue of its social behavior but also by sexual orientation.