Section 377: Tracing the history from 1861 to 2018

The Supreme Court on Monday rejected the governments request to adjourn the hearing on Section 377 of the Indian Penal Code that criminalises homosexuality and makes gay sex as an offence Today a fivejudge Constitutional bench led by Chief Justice of India Dipak Misra began hearing the petitions challenging itAfter months of deliberations the Supreme Court on Thursday delivered a landmark judgment as it struck down the Section 377 of the Indian Penal Code IPC which criminalised homosexuality A fivejudge Constitution bench headed by Chief Justice of India CJI Dipak Misra and comprising Justices D Y Chandrachud Rohinton Fali Nariman A M Khanwilkar and Indu Malhotra issued the verdict on a bunch of petitions filed to scrap the law The bench had earlier reserved its verdict for July 17Criminalising gay sex is irrational and indefensible observed the CJI while delivering the verdict The Lesbian Gay Bisexual Transgender community has same rights as any other citizen the CJI added Respect for each others rights and others are supreme humanity observed the bench unanimously while saying that the right to live with dignity is rightAbout Section 377Section 377 of the IPC deals with unnatural offences and holds 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 fineTimeline of Section 3771861 The year Section 377 was introducedSection 377 was introduced by British India during the PreIndependence era which was modelled on the Buggery Act of 1533 This section of the Buggery Act was drafted by Thomas Macaulay in 1838 and was brought into effect in 1860 The section defined lsquobuggeryrsquo as an unnatural sexual act against the will of God and man thus criminalising anal penetration bestiality and homosexuality in a broader senseJump to 2001 Naz Foundation filed a petition against Section 377 in Delhi High CourtOver the course of time and years Section 377 had sparked numerous controversies with activists challenging it in various ways In 2001 Naz Foundation filed a petition challenging the constitutionality of Section 377 in the Delhi High Court as the law was predated and not valid in the 21st century They filed a lawsuit to allow homosexual relations between consenting adults2003 Delhi HC dismisses Naz Foundation pleaThe Delhi High Court in the year 2003 dismissed the petition filed by Naz Foundation which was seeking a ban on Section 377 The High Court back then said that the body had no standing in the matter The Naz Foundation took the appeal further before apex court of the country to dismiss the hearing The Supreme Court thereby instructed the Delhi High Court to reconsider the case2009 In an iconic judgment Delhi High Court decriminalised homosexualityIn a landmark decision the Delhi High Court decriminalised homosexuality among consenting adults holding it in violation of Article 14 15 and 21 of the Constitution of India This decision was welcomed by activists and people of the LGBTQ communityDelhi Queer Pride 20152012 Supreme Court overturns Delhi HC orderPost the Delhi High Courts historic judgment various appeals were made before the Supreme Court challenging the High Courtrsquos authority to change the law Three years after the Delhi High Courts iconic decision in December 2012 the Supreme Court overturned the HCrsquos decision after finding it ldquolegally unsustainablerdquo A twojudge bench comprising of Justice G S Singhvi and Justice S J Mukhopadhaya observed that the Delhi HC had overlooked the fact that a ldquominuscule fraction of the countryrsquos population constitutes LGBTrdquo and that in over 150 years less than 200 people were prosecuted for committing an offence under the sectionThe Supreme Court then recommended that the Parliament addresses the matter because only they had the power to amend the existing laws and bring about a new law in the country2015 Shashi Tharoorrsquos Private Member Bill was voted against in the ParliamentAfter the 2014 Lok Sabha elections the Narendra Modiled government was swornin They said that they would take a decision regarding Section 377 only after the Supreme Courts judgment In a written reply addressing to the Lok Sabha Minister of State Home Kiren Rijiju had said ldquoThe matter is subjudiced before the Supreme Court A decision regarding Section 377 of IPC can be taken only after pronouncement of judgment by the Supreme CourtrdquoA year later when Member of Parliament Shashi Tharoor introduced a private memberrsquos Bill to decriminalise homosexuality the Lok Sabha voted against it2016 Five petitioners move to SC seeking justice over Section 377Five petitions were filed by S Johar journalist Sunil Mehra chef Ritu Dalmia hotelier Aman Nath and business executive Ayesha Kapur before the apex court The petition all of which were filed by wellknown LGBTQ activists claimed their ldquorights to sexuality sexual autonomy choice of sexual partner life privacy dignity and equality along with the other fundamental rights guaranteed under PartIII of Constitution are violated by Section 377rdquoThe 5 men and women who challenged a ban on homosexuality were all from different walks of life2018 A dawn of new era for Section 377 and LGBTQ communityIn the year 2018 the apex court began the hearing of the cases and petitions files on Section 377 A fivejudge Constitutional bench led by Chief Justice of India Dipak Misra and comprising Justices R F Nariman A M Khanwilkar D Y Chandrachud and Indu Malhotra began hearing petitions challenging Section 377 and seeking decriminalisation of the sameUnited Nations India lauded the Supreme Courts decision for striking down a key component of IPCs Section 377 which criminalises specific sexual acts between adults and said the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons It also hoped the ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI personsBollywood celebrities such as Karan Johar Sonam Kapoor Farhan Akhtar and director Hansal Mehta amongst others have welcomed the Supreme Courts judgment on legalising homosexuality Heres how the Supreme Courts move was welcomed by people from all walks of lifeLove is love ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0092laquo Such a momentous day in the history of our country Thank you thank you thank you Section377 PrideIndia pictwittercom3TbP1pnIxdmdash Alia Bhatt aliaa08 September 6 2018Huge Congratulations to the lawyers amp activists who worked hard for years to get this passed Huge respect for our Honourable Judiciary Section377 ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088mdash Riteish Deshmukh Riteishd September 6 2018Itrsquos about time LoveWins now and forever Best news of the day ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088 Section377 nodiscrimination equality pictwittercomD6widsZSp1mdash Anil Kapoor AnilKapoor September 6 2018Was late coming but der aaye durust aaye Better late than never People should be free to be who they are Section377mdash Harsha Bhogle bhogleharsha September 6 2018Congratulations India and thank you SupremeCourt for recognising sexual abuse of animals must remain a serious criminal offence What a great day for human and animal rights ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090AcircAcircAcircu00c2u0090ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090AcircAcircAcircu00c2u0095ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090AcircAcircAcircu00c2u0084ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090AcircAcircAcircu00c2u0096ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090AcircAcircAcircu00c2u0091ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090AcircAcircAcircu00c2u0088ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088Section377 LGBTQ LoveWins pictwittercom9gG6hCDLETmdash PETA India ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u0090frac34acircAcircAcircAcircu00c2u009dcurreniumlcedilAcircAcircAcircu00c2u008fethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088 PetaIndia September 6 2018Woke up in NY just now and heard this amazing news Yay Section377mdash Atul Khatri one_by_two September 6 2018This ones for PrideIndia LoveWins Section377 LoveIsLove ChunoApneRang pictwittercom73UthAQQn7mdash COLORS ColorsTV September 6 2018Love ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088 Victory ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088 Freedom ethAcircAcircAcircu00c2u009fAcircAcircAcircu00c2u008cAcircAcircAcircu00c2u0088 Section377 pictwittercom691enmpad4mdash Anushka Sharma AnushkaSharma September 6 2018Catch up on all the latest Crime National International and Hatke news here Also download the new midday Android and lta titlemidday iOS app