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Friday, August 1, 2025
TopicSection 377

Topic: Section 377

Section 377 of Chapter XVI in the Indian Penal Code states: “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 10 years, and shall also be liable to fine.” This British law dates back to 1861 and criminalises sexual activities against the order of nature and the ambit of this law extends to any sexual union involving penile insertion.

India not the only nation where colonial-era anti-gay law still exists

Sanya Dhingra -
36 of the 52 Commonwealth countries share the remnants of Britain’s legalised homophobia in the form of Section 377 in their penal codes.

Why don’t Indians have a problem when heterosexuals have oral sex—even though 377 bans it?

Shreya Ila Anasuya -
Remember that Section 377 doesn’t criminalise ‘gay sex’ — it is the product of a homophobic mindset that targets queer people.

In Parliament, Shashi Tharoor’s valiant fight to change section 377

Apurva Vishwanath -
The Congress MP had tried to slip in a change through an amendment to the government’s bill to repeal 104 old laws, but Lok Sabha rejected it in winter session.

Supreme Court had decided to revisit section 377 two years ago as well

Apurva Vishwanath -
A bench headed by then chief justice T.S. Thakur had also agreed to hear a curative writ petition in June 2016, seeking to decriminalise homosexuality.

If BJP really dreams of a Hindu Rashtra, it should legalise same-sex love

R. Raj Rao -
Even de-criminalisation of Section 377 of the IPC is not going to put an end overnight to the social stigma that the LGBTQ community faces.

SC’s privacy judgement recognises the right to be different and make choices

Zoheb Hossain -
The Supreme Court has given the right to privacy the widest meaning and protection.

SC verdict on privacy may have impact on Section 377, marital rape

Sanya Dhingra -
An array of issues will throw themselves open to the privacy test after the Supreme Court ruled the right to privacy as a fundamental right, experts said.
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