Section 377 of the Indian Penal Code
Section 377 of the Indian Penal Code dating back to 1860, introduced during the British rule of India, criminalises sexual activities “against the order of nature”, including homosexual sexual activities. Prior to that, sexual activities, including amongst homosexuals, were not penalised in India. It is rooted in the legacies of British colonial states where in it was introduced by Lord Macaulay in 1860 as a part of IPC. According to the section “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished”.
The Supreme Court in In Suresh Kumar Koushal v. Naz Foundation (2013) case, set aside the Delhi High Court judgment and said that homosexuality or unnatural sex between two consenting adults under Section 377 of IPC is illegal and will continue to be an offense.
However, the Supreme Court recently referred to a larger Bench a writ petition filed by gay and lesbian members of the LGBT Community to strike down the colonial Section 377 in the Indian Penal Code of 1860, which criminalises homosexuality.
Topics: Human sexuality • Indian Penal Code • Law • Legal history • LGBT culture in India • LGBT rights • LGBT Rights in India • Same-sex sexuality • Section 377 • Section 377 of the Indian Penal Code • Sex laws • Suresh Kumar Koushal v. Naz Foundation
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