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Content about Section 377 of the Indian Penal Code

February 8, 2014

The former chief justice responsible for the landmark judgement in 2009 says the criminalization of gay sex in effect 'offend(s) the dignity of a person'

Homosexuality is neither a disease, nor is it punishable under any penal laws, Justice Ajit Prakash Shah, who authored the judgment that decriminalized homosexuality as chief justice of the Delhi High Court in 2009, said on Friday.

The Delhi High Court’s historic judgement which decriminalized gay sex was overturned by the Supreme Court on December 11, 2013. The bench ruled that it is for Parliament and not the court to repeal section 377 of the Indian Penal Code.

January 28, 2014

India's Supreme Court rejected the notion it had committed a 'grave error of judgement' when it recriminalized homosexuality

India’s Supreme Court has rejected an appeal urging a review on the recent judgement banning gay sex.

The central government urged the Supreme Court to ‘avoid grave miscarriage of justice to thousands of LGBT people’.

They suggested there were a number of ‘grave errors of law in the judgement’, and failed to consider the colonial-era law violates the right to health of men who have sex with men.

But the judges dismissed the petitions signed by the government and rights activists, saying the judgement will stay and India will continue to ban gay sex.

December 25, 2013

Naz Foundation is seeking a stay on the Supreme Court’s judgment

The NGO that drove the Delhi High Court to allow consensual adult gay sex in 2009 is now taking on the Indian Supreme Court.

Naz Foundation, an NGO committed to bringing down HIV, filed on Tuesday a review petition in the Supreme Court against its recent ruling that set aside the lower court’s order of decriminalizing homosexuality.

December 11, 2013

The Supreme Court of India has set aside a 2009 Delhi High Court ruling that legalized homosexuality, passing the issue back to lawmakers to deal with in a major setback for LGBTI rights in India

India’s Supreme Court has found the country’s colonial era Section 377 anti-sodomy law legal – potentially seeing a return to the criminalization of India’s LGBTI community.

The Supreme Court justices said that Indian society was not yet ready for the law to be repealed and handed the issue back to lawmakers to deal with.

'It is for the legislature to look into desirability of deleting section 377,' Supreme Court justices G S Singhvi and S J Mukhopadhaya ruled.

June 29, 2012

On Monday, Mumbai’s LGBT community celebrates Delhi High Court’s 2009 ruling, but a question mark still hangs over the appeal in the Supreme Court

LGBT rights activists in Mumbai are planning a celebration on Monday (2 July) to commemorate three years since the decriminalization of homosexuality in India.

The organizers of Queer Azaadi Mumbai (the city’s Pride celebration) are inviting the community to display rainbow flags, wear pride accessories or ‘just pray to mother nature for a rainbow in the sky’.

March 14, 2012

Delhi Supreme Court hearing into the decriminalisation of gay sex continues

There are 2.5 million gay men in India, 0.2% of the 1.2 billion population , according to figures from the National Aids Council.

The figures were presented to Delhi Supreme Court yesterday in response to an affidavit during the current case re-examining the high court 2009's decriminalisation of gay sex

February 22, 2012

Law school's report says that LGBT people have ‘increased self-confidence’ since 2009's decriminalisation of gay sex

A report from a top law school in India has found there's been greater societal acceptance and a decrease of police harassment of LGBT people since the decriminalisation of gay sex in 2009.