2. Kiran Varma - indianlawinfo
Contents
1. Section 377 of the Indian Penal Code
2. Human Rights
3. What is LGBT
4. Chronological order of Section 377
5. References
3. Kiran Varma - indianlawinfo
1. Section 377 of the Indian Penal Code
● Chapter XVI, Section 377 of the Indian Penal Code dating back to 1861, introduced during
the British rule of India (modelled on the Buggery Act of 1533) criminalized sexual
activities "against the order of nature", including homosexual activities.
● The section was read down with respect to sex between consenting adults by the Delhi
High Court in July 2009.That judgement was overturned by the Supreme Court of India
(SC) on 11 December 2013 with the Court holding that amending or repealing section 377
should be a matter left to Parliament, not the judiciary.
● In January 2018, a three-member SC bench heard a petition filed by five people asking the
SC to revisit the Naz Foundation judgment. The case was referred to a larger bench and
help was sought from the Union government.On 10 July 2018, a five-member
constitutional bench of the SC commenced hearing of the pleas challenging the
constitutionality of section 377
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2. Human Rights
● The Ministry of Home Affairs released figures indicating that nearly 600 people had been arrested
under Section 377 in 2014, which was linked to an increase in the blackmail of LGBT people.
According to the NCRB, in 2015, 1,491 people were arrested under Section 377, including 207
minors (14%) and 16 women. Human Rights Watch argues that the law has been used to harass
HIV/AIDS prevention efforts, as well as sex workers, homosexuals, and other groups at risk of the
disease,even though those found guilty of extortion in relation to accusations that relate to
Section 377 may face a life sentence under a special provision of Section 389 of the IPC.
● The People's Union for Civil Liberties has published two reports of the rights violations faced by
sexual minorities[24] and, in particular, transsexuals in India.In 2006 it came under criticism from
100 Indian literary figures,
● United Nations human rights chief Navi Pillay stated that "Criminalising private, consensual same-
sex sexual conduct violates the rights to privacy and to non-discrimination enshrined in the
International Covenant on Civil and Political Rights, which India has ratified", and that the decision
"represents a significant step backwards for India and a blow for human rights.", voicing hope that
the Court might exercise its review procedure.
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3. What is LGBT
● LGBT, or GLBT, is an initialism that stands for lesbian, gay, bisexual, and transgender. In use
since the 1990s, the term is an adaptation of the initialism LGB, which was used to replace
the term gay in reference to the LGBT community beginning in the mid-to-late 1980s.
Activists believed that the term gay community did not accurately represent all those to
whom it referred.
● The initialism has become mainstream as a self-designation; it has been adopted by the
majority of sexuality and gender identity-based community centers and media in the
United States, as well as some other English-speaking countries.
● The initialism LGBT is intended to emphasize a diversity of sexuality and gender identity-
based cultures. It may be used to refer to anyone who is non-heterosexual or non-
cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender.
To recognize this inclusion, a popular variant adds the letter Q for those who identify as
queer or are questioning their sexual identity; LGBTQ has been recorded since 1996.
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4. Chronological order of Section 377
● The fight for the gay rights or for the LGBT community started from 2001..
● 2001 - An NGO fighting for gay rights Naz Foundation filed PIL in the
delhi HC seeking legalisation of gay sex
● SEPTEMBER 2004 - HC dismisses the PIL
● Between the time period of September there are different Social Activity
was happened in fever of LGBT community by this gay rights activists
approach the SC against the HC order..
● APRIL 2006 - SC directs HC to reconsider
● B.P Singhal's plea opposing the decriminalisation of gay sex
● 25 SEPTEMBER 2008 - Gay rights activists contend that the government
cannot infringe upon their fundamental rights to equality by criminalising
homosexual acts
