Current Version
Region | India |
Issue | Homosexual activity |
Status | Legal |
Start Date | Jul 2, 2009 |
End Date | Dec 11, 2013 |
Description | In the Delhi High Court case of Naz Foundation v. Govt. of NCT of Delhi, a two-judge Division Bench decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal. |
Sources | Naz Foundation v. Govt. of NCT of Delhi (2009) Writ Petition (Civil) No.7455 of 2001 (Delhi High Court) [https://web.archive.org/web/20090826035913/http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf] |
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Revision History (2)
edited by sushilkumarprem. Improved grammatical correctness
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0 Old Value (Original) | New Value (Current) | |
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End Date | Dec 10, 2013 | Dec 11, 2013 |
Description | Case law overriding Section 377 of the Indian Penal Code | In the Delhi High Court case of Naz Foundation v. Govt. of NCT of Delhi, a two-judge Division Bench decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal. |
Show Difference | ||
Sources | http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf | Naz Foundation v. Govt. of NCT of Delhi (2009) Writ Petition (Civil) No.7455 of 2001 (Delhi High Court) [https://web.archive.org/web/20090826035913/http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf] |
Show Difference |
Original entry | |
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Status | Legal |
Start Date | Jul 2, 2009 |
End Date | Dec 10, 2013 |
Description | Case law overriding Section 377 of the Indian Penal Code |
Sources | http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf |
Reports (10)
- Newer law has been passed
- Newer law has been passed "Newer law banning homosexuality has been passed"
- Newer law has been passed "Supreme Court upholds section 377, Homosexuality is now illegal as of 11 December 2013"
- Newer law has been passed "A ban on gay sex was imposed early this year:
http://www.theguardian.com/world/2014/jan/28/india-supreme-court-refuses-review-ban-gay-sex"
- Other "The supreme court overturned the earlier decision and re instated 377 criminalizing homosexuality."
- Newer law has been passed "Homosexuality has been criminalized again by the Supreme Court of India (Section 377 was reinstituted)."
- Newer law has been passed "The new law criminalizes homosexuality http://www.washingtonpost.com/world/court-in-india-criminalizes-homosexuality/2013/12/11/ea7274a6-6227-11e3-a7b4-4a75ebc432ab_story.html"
- Other information is incorrect "The supreme court recently overturned the delhi high court verdict of 2009 so sex between consenting adults of the same sex is a punishable offence again under section 377"
- Other "The Delhi High Court ruling reading down IPC 377 (which crimanalized the so-called Carnal intercourse against the order of Nature) has since been overruled by the Supreme Court of India.
So, sexual intercourse between two people of the same sex is, at least in the case of the men, illegal in India, punishable by up to 10 years rigorous imprisonment.
See http://www.slate.com/articles/news_and_politics/jurisprudence/2013/12/kaushal_v_naz_foundation_the_supreme_court_of_india_s_shockingly_bad_gay.html"
- Date is incorrect "New law came into effect in Dec 11th 2013 banning gay sex."