Section 377 of the Indian Penal Code is a colonial era law enacted by
the British government in India in 1861. The law prohibits ‘unnatural’ or
non peno-vaginal intercourse. Plainly put, it prohibits sex between
members of the same gender.
While most parts of the world today have woken up to the movement
for securing LGBTQI rights, which are essentially human rights to live
a happy, equal life without discrimination or hate, India continues to
outlaw homosexuality in the form of this archaic and homophobic law.
this is not the first time an attempt to decriminalise Section 377 has
been made in India
Early efforts and ‘Fire’
- While one of the first efforts to decriminalize Section 377 came about
in 1994 when AIDS Bhedbhav Virodhi Andolan filed a petition,
substantial efforts to work toward decriminalization surprisingly came
into the limelight after right-wing censorship of Deepa Mehta's ‘Fire’ in
1998. The controversial film depicted homosexuality between women
in the context of a rural Indian setting.
- Several women’s’ rights groups such as Sakhi and Sangini, one of
the earliest forums for LBT (Lesbian Bisexual Transgender) in the
country, protested against the ban, bringing for the first time to public
discourse the issue of homosexuality, especially between women.
- In 2001, Naz Foundation filed the first important petition against
Section 377, challenging its constitutionality. The case was dismissed
by the Delhi High Court in 2004.
Decriminalisation – Recriminalisation
