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Content about Section 377 of the Indian Penal Code

January 27, 2015

US president wraps up a three-day visit to the south Asian country

LGBTI activists are calling for US President Barack Obama to help end India's anti-gay law during his visit to the country.

A social media campaign was launched earlier this month leading up to the president's three-day visit to the south Asian country, which ends today, using the hashtags ObamaForQueerIndia and ReadDown377.

In December 2013, the Supreme Court reinstated Section 377 of the Indian Penal Code (IPC), which punishes gay sex with up to life imprisonment.

January 7, 2015

Data shows far more people are prosecuted under the country's anti-gay law than previously thought

Nearly 600 LGBTI people have been arrested in India since the Supreme Court recriminalized gay sex in December 2013, according to Home Ministry statistics.

As of October, there were 778 registered cases and 587 arrests under Section 377 of the Indian Penal Code, which punishes same-sex relations with up to life imprisonment.

However, the numbers are thought to be much higher as some states gave incomplete data, while others, including Karnataka and West Bengal, did not submit at all.

November 24, 2014

India recriminalized homosexuality last year

Up to 2,000 people yesterday (23 November) protested India's anti-gay laws at Bangalore pride, the first since the country recriminalized homosexuality in December last year.

After an hour delay, hundreds of people set off from the city railway station for the sixth Bengaluru Pride March and Karnataka Queer Habba in India's third largest city, in Karnataka state.

Unlike previous years, the parade was redirected through the conservative Malleswaram district and most marchers decided not to wear eye masks or cover their faces, despite the law.

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.