Section 377 of the Indian Penal Code (IPC) criminalises sexual activities “against the order of nature”, primarily homosexual sexual activities. The IPC text reads as follows:
377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
This essentially means that any person who identifies as LGBTQIA+ is liable to be punished under Sec 377 if found to have indulged in non peno-vaginal sexual intercourse.
LGBTQIA+ rights and and Sec 377: The fight to achieve equality
February 2, 2016 The three judge bench of the Supreme Court hears the curative petition and refers the challenge against Sec 377 of the IPC to a five-judge bench, saying it will have…
December 17, 2015 Shashi Tharoor introduces private member’s bill seeking to decriminalise homosexuality. The Bill sought amendment to the IPC by advocating that the Section 377 of the IPC should be substituted. However,…
July 2, 2009 The Delhi High Court passes a landmark judgement decriminalising Sec 377. Following this, 15 special leave petitions are filed in the Supreme Court on behalf of mostly faith-based and religious…
August 15, 1947 Indian gains Independence but homosexuality remained an offence.
Temporary relief?
Solo effort in the parliament?
Landmark judgement
True Freedom?
