Repealing Section 377 of the Indian Penal Code

Posted: 19 Oct 2016

Date Written: October 14, 2016

Abstract

Currently, the whole idea revolving around the issue of homosexuality in India is to legalize consensual sexual acts among adults in private. In 2009, the Delhi High Court decriminalized unnatural sex in private between two consenting adults overturning the colonial-era legislation that outlawed homosexuality i.e. S.377 of the Indian Penal Code. However, during the month of December 2013, the Supreme Court set aside the High Court verdict only to recriminalize unnatural sex in private between two consenting adults. This article addresses the propensities of gay men in India and proposes for legalizing homosexuality.

Keywords: India, Homosexuality, Penal, Unnatural, Sex

Suggested Citation

Naik, Yeshwant, Repealing Section 377 of the Indian Penal Code (October 14, 2016). Available at SSRN: https://ssrn.com/abstract=2852265 or http://dx.doi.org/10.2139/ssrn.2852265

Yeshwant Naik (Contact Author)

University of Muenster ( email )

Hüfferstraße 27
Münster, Münster 48149
Germany

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