The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. That judgement was overturned by the Supreme Court of India (SC) on 11 December 2013 in Suresh Kumar Koushal vs. Portions of the section were first struck down as unconstitutional with respect to gay sex by the Delhi High Court in July 2009. On 6 September 2018, the Supreme Court of India ruled that the application of Section 377 to consensual homosexual sex between adults was unconstitutional, "irrational, indefensible and manifestly arbitrary", but that Section 377 remains in force relating to sex with minors, non-consensual sexual acts, and bestiality. Modeled on the Buggery Act of 1533, it makes sexual activities "against the order of nature" illegal.
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Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1861 during the British rule of India. Refer Section 377A of the Penal Code of Singapore. Now any sexual act between men is illegal, and any sexual act between a man and a woman or between women is legal.
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Singapore: amended in 2007 as Section 377A.Īlthough most colonies have since gained independence through statehood since Section 377 was implemented, it remains in the penal codes of the following countries: The provision was introduced by authorities in the Raj in 1862 as Section 377 of the Indian Penal Code and functioned as the legal impetus behind the criminalization of what was referred to as, "unnatural offenses" throughout the various colonies, in several cases with the same section number. Īlthough Section 377 did not explicitly include the word homosexual, it has been used to prosecute homosexual activity. Alok Gupta wrote for a Human Rights Watch report in 2008 that the British intended for the code to prevent Christian colonial subjects from " corruption" and condition colonized subjects undergoing Christianization to conform to colonial authority. Section 377 was then exported to other colonies and even to England itself, providing the legal model for the act of ' buggery' in the Offenses Against the Person Act (1861). Union of IndiaĪlthough the act of sodomy was sometimes prosecuted in England under British common law, it was first codified in the British empire as Section 377 in the Indian Penal Code as "carnal intercourse against the order of nature" in 1860. 2.5.3 2016 Naz Foundation Curative Petition.
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