History of India’s fight against Section 377

By Editorji News Desk
Published on | Oct 17, 2023

What is Section 377?

Section 377 was introduced in 1861 and it criminalised sexual activities 'against the order of nature'

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1994

First ever petition challenging Section 377 gets filed in Delhi High Court by AIDS Bhedbhav Virodhi Andolan. It was dismissed in 2001

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2001

Naz Foundation filed a PIL challenging Section 377 constitutionality in Delhi High Court

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2004

Delhi HC dismissed the case saying there is no cause for action

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2009

Delhi High Court ruled in favour of the LGBTQ community and decriminalised homosexuality

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2013

Supreme Court reversed the decriminalisation and said it was ‘legally unsustainable.’ The court also said the Parliament should scrap laws if needed.

2018

Revisiting the 2013 decision, the SC reversed its ruling and decriminalised gay sex in India.

Another LGBTQ win?