Bom HC | "Consensual Sexual Gay Relatnship" of a married man -- Ground for divorce; not an offence unr S. 377 IPC | SCC Blog

gay section ipc

Sectn 377 of the Indian Penal Co is an archaic law that was troduced durg the Brish era 1860s and mak gay sex a crime for which the punishment n be a life term." emprop="scriptn

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EXPLAED | HOW WE GOT HERE: A BRIEF HISTORY OF LGBT RIGHTS AND LAWS INDIAFROM ANCIENT INDIA TO THE 21ST CENTURY, THE LGBT MUNY HAS FOUND REPRENTATN, FACED OPPRSN MANY FORMS.VISHNU GOPATHPUBLISHED: 06 SEP 2022, 12:39 PM ISTEXPLAERS6 M READISHARE THE QUT DAILY

Sectn 377 of the Indian Penal Co crimalis sexual activi "agast the law of nature" Delhi: The Supreme Court today said that a larger group of judg would re-nsir and exame the nstutnal validy of Sectn 377 of the Indian Penal Co (IPC), a law that crimalis sexual activi "agast the law of nature", re-openg the bate over homosexualy India.

" Simply put, Sectn 377 is an archaic law that was troduced durg the Brish era 1860s and mak gay sex a crime for which the punishment n be a life also has implitns for heterosexuals, as nsensual sexual acts of adults - oral and anal sex private - are currently treated as unnatural and punishable unr Sectn 377 of the Indian Penal 2009, the Delhi High Court had scribed Sectn 377 as a vlatn of the fundamental rights guaranteed by the nstutn.

Relig groups, however, had appealed agast the cisn the Supreme 2013, the Supreme Court ncelled the Delhi high urt orr and re-crimalised homosexualy.

GAY RIGHTS INDIA: ALL YOU NEED TO KNOW ABOUT SECTN 377 OF IPC

It said that was the job of the parliament to ci on scrappg cisn that gay sex is a crimal offense was seen as a major setback for human rights and was also wily cricized. While prosecutns unr sectn 377 have been rare, activists have said that the police ed the law to harass and timidate members of the LGBT the 2013 Supreme Court's cisn, proment BJP lear Rajnath Sgh had said, "We support Sectn 377 bee we believe that homosexualy is an unnatural act and nnot be supported. "Congrs lears Rahul Gandhi, P Chidambaram, Shashi Tharoor, Tramool Congrs lear Derek O' Brien, CPI (M) lear Brda Karat, the Aam Aadmi Party among others had e out support of the LGBT muny and had said that homosexualy should be crimalized.

It was fally the year 2009 that the Delhi High Court led favour of crimalisg homosexualy and this led to the scrappg of the then existg law, the se Naz Foundatn v. The verdict given out by the Delhi High Court was weled by var human right groups and was upheld by them and was nsired to be ‘progrsive’ as was le wh the changg notns of the society and moreover, brought an end to the 8-year old battle for the gay-rights activists. But, as and how the events unfold after the judgment beg rolled out by the Delhi High Court, numero social, relig and polil groups backed by polil power exprsed their ntentns which were agast the lg of the Delhi High Court and supportg their claim on the basis, that homosexualy go agast the norms and culture of Indian Ethics and hence should be stck down.

Followg all the velopments the Supreme Court of India stck down the prev lg of the Delhi High Court and further ma the homosexualy a crimal offence. While liverg the judgment the se was held by the then Chief jtice of India that sectn 377 crimalis unnatural sexual acts between nsultg adults both homosexual and heterosexual and hence this is unnstutnal s very beg. November 1991– In this year a document was released by the AIDS Bhedbhav Virodhi Andolan ABVA, the document was a 70 page report which showsed all that was wrong and clud unr s amb var stanc of extortn, blackmailg and var other vlence that the gay people had faced throughout the years and tried to drag the attentn of people to the issu which ually go unnoticed.

BOM HC | “CONSENSUAL SEXUAL GAY RELATNSHIP” OF A MARRIED MAN — GROUND FOR DIVORCE; NOT AN OFFENCE UNR S. 377 IPC

It gave out a ll for the scrappg of the legislative tent which discrimated agast the gays and lled for brgg an end to sectn 377 of IPC. May 1994– This year saw the eptn of ntroversy when Kiran Bedi, who was the then spector general of Tihar Jail, Delhi refed to provi ndoms for the mat the jail and support of her actns, she stated that would enurage homosexualy and also accepted that the prisoners dulge .

December 2013– As the se was now the Supreme Court, the Supreme Court turned down the verdict and reversed makg homosexualy a crimal offence unr the Indian Penal Co and further laid down that the cisn ma by the nstutnal bench of the Delhi High Court was legally unstaable and held that the sectn 377 do not suffer om the vice of unnstutnaly. Augt 2017– Parallel to the fight agast homosexualy, this year wnsed other signifint velopments like that of India’s bmetric programme Aadhaar se.

April 2018– One of India’s top hoteliers Khav Suri who intifi himself to be a gay joed the moment for a llective fight agast the crimalisatn of homosexualy. July 2018– This year wnsed the discsn on the se of crimalisatn of homosexualy whereby the five-judge bench of the Supreme Court brought to discsn the issue of why sectn 377 was to be seen as a crimal offence and the supporters of the law me up wh the ntentn that the spread of sexually transmted diseas and vandalism of the social fabric of the Indian culture were the reasons for the existence of the law.

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Gay Rights India: All you need to know about Sectn 377 of IPC – Lawyers Law .

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