Section 377 India

Modelled on the buggery act of 1533 it makes sexual activities against the order of nature illegal.

Section 377 india. It came into force in 1862. It was formed during the british rule which termed homosexual acts as unnatural. Lawyers have argued that the notorious criminal tribes act.

Section 377 of the indian penal code is an archaic law that was introduced during the british era in 1860s and makes gay sex a crime for which the punishment can be a life term. Section 377 was introduced in indian criminal law in furtherance of western notions of morality based on abrahamic ideologies. September 6 marks one year since the historic judgment by the five judge constitution bench of the supreme court in reading down the provisions of section 377 of the indian penal code and.

The section 377 of the indian penal code ipc is an act that criminalises homosexuality and was introduced in the ear 1861 during the british rule of india. Section 377 of the chapter xiv of the indian penal code dates back to 1861. Section 377 judgment offers lessons on how to use constitution to build coalitions bring change.

Chief justice dipak misra said section 377 of the indian constitution which outlaws carnal intercourse against the order of nature and had been used as a legal pretext for the systematic. What is it section 377 of the indian penal code criminalises consensual private sexual acts between adults. At the time of its introduction limited consideration was given to a contradictory morality that existed in the subcontinent which acknowledged and recognised homosexuality and did not criminalise it.

Although section 377 did not explicitly include the word homosexual it has been used to prosecute homosexual activity. The fraying of social fabric and the normalisation of discrimination in present day india batters constitutional values of fraternity equality and dignity. The provision was introduced by authorities in the raj in 1860 as section 377 of the indian penal code and functioned as the legal impetus behind the criminalization of what was referred to as unnatural offenses throughout the various colonies in several cases with the same section number.

Section 377 of the indian penal code is a section of the indian penal code introduced in 1861 during the british rule of india.