Blog Details

Many sections of the Indian Penal Code were implemented centuries ago, during British rule in India, with little to no changes made in subsequent years. One such archaic act is Section 377, legal compliance of which, inherently created outcasts of the LGBT community in India.

You may be aware of the recent ruling in regards to Section 377, which finally decriminalized homosexuality in India after decades of struggle. But what most are unaware of is the long, strenuous process of dispute resolution between the LGBT community and the government of India, which finally made our nation a more open and accepting one.

Section 377

Established in 1864, section 377 was created to enforce legal compliance against deviant behaviour, by criminalizing sexual activities that were ‘against the order of nature’. While this was fundamentally unconstitutional for the LGBT community, section 377 also made acts of pedophilia and beastiality illegal - which still remain in effect.

The Timeline

It took the efforts of many forward-thinking, fearless lawyers in Delhi to change the redundant and oppressive section 377. The journey was difficult, a rollercoaster of emotions and shattered expectations - but one that eventually led to a happy ending.

2009

Section 377 was challenged in as early as 2009. Legal compliance for criminalization of gay sex was questioned thoroughly and eventually repealed by the Delhi High Court. It was a moment for celebration, albeit a short lived one.

2013

The Supreme Court laid waste to these plans, stating that amending section 377 fell under the purview of the parliament, not the judiciary. The high court ruling was overturned and the LGBT community once again, ostracized.

2016

The Naz Foundation was one of the many parties, pivotal in petitioning for LGBT rights. A three member bench of the Supreme Court went over the petitions and agreed to further review by a five member bench, aimed at deciding whether legal compliance of these old laws still needed to be adhered to.

2017

Agreeing to uphold the right to privacy, the Supreme Court insisted on equality for all, making it absolutely clear that fundamental rights for the LGBT community was an integral part of the constitution.

2018

Year long debates and reviews of older petitions by the Naz Foundation finally resulted in a landmark ruling on 6th September 2018. Consent was the key factor for legal compliance. As long as two adults gave their consent, sexual orientation would not matter. Homosexuality was finally decriminalized in India.

Lawyered stands firmly with the LGBT community. We offer a highly intuitive online platform for those in need of dispute resolution regarding legal compliances.

Find us at Lawyered.in OR Post Your Requirement