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Section 377: Everything You Need to Know

By NDP newsroom

Section 377 of the Indian Penal Code (IPC) historically criminalized consensual same-sex relations, as well as certain sexual acts between adults. It defined "unnatural offences" and imposed punishments for engaging in acts deemed against the "order of nature," including carnal intercourse with any man, woman, or animal, punishable by up to life imprisonment or a prison term of up to 10 years.

The issue first emerged in 2001 when NGO Naaz Foundation approached the Delhi High Court. In 2009, the court decriminalized consensual sex between adults of the same gender, but this judgment was overturned by the Supreme Court in 2013, reinstating the law. However, in 2018, the Supreme Court finally ruled in favor of decriminalization, declaring Section 377 unconstitutional, marking a significant victory for the LGBT community in India.

The law also included acts like oral and anal sex, which were treated as unnatural and punishable, affecting not just the LGBT community but also heterosexuals engaging in such acts. The Supreme Court's 2018 verdict came after hearing petitions from various individuals, including celebrities and students, challenging the validity of the law.

The debate over Section 377 also involved concerns about child abuse, but with the introduction of the Protection of Children from Sexual Offences (POCSO) Act in 2012, the need to use Section 377 in such cases was removed. The judgment acknowledged the importance of decriminalizing sexual orientation and expression, ending a long-standing legal stigma.

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