Entry #2841: Homosexual activity in India

Current Version

Region	India
Issue	Homosexual activity
Status	Legal
Start Date	Sep 6, 2018
End Date	(none)
Description	In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and 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	Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (Supreme Court of India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]

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Revision History (35)

Nov 16, 2023

edited by sushilkumarprem. Added court name to sources

Helpful?

	Old Value	New Value (Current)
Sources	Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]	Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (Supreme Court of India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]
Sources	Show Difference Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf] (Supreme Court of India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]

Nov 16, 2023

edited by sushilkumarprem. Added Bench Size as it affects the stare decisis in India

Helpful?

	Old Value	New Value
Description	The Supreme Court of India, ruling in the case of Navtej Singh Johar v. Union of India, decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal, thereby overturning the precedent set by the Suresh Kumar Koushal v. Naz Foundation (2013) case.	In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Description	Show Difference The Supreme Court of India, ruling in the case of Navtej Singh Johar v. Union of India, decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal, thereby overturning the precedent set by the Suresh Kumar Koushal v. Naz Foundation (2013) case. In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.

Nov 16, 2023

edited by sushilkumarprem. Removed relative dates and added citation to court case.

Helpful?

	Old Value	New Value
Description	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten. The ban just got struck down today.	The Supreme Court of India, ruling in the case of Navtej Singh Johar v. Union of India, decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal, thereby overturning the precedent set by the Suresh Kumar Koushal v. Naz Foundation (2013) case.
Description	Show Difference Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten. The ban just got struck down today. Supreme Court of India, ruling in the case of Navtej Singh Johar v. Union of India, decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal, thereby overturning the precedent set by the Suresh Kumar Koushal v. Naz Foundation (2013) case.
Sources	https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://www.hrw.org/the-day-in-human-rights/2018/09/06	Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]
Sources	Show Difference https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://www.hrw.org/the-day-in-human-rights/2018/09/06 Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (India) [https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]

Sep 8, 2018

edited by danlev

Helpful?

	Old Value	New Value
Start Date	Dec 11, 2013	Sep 6, 2018
End Date	Sep 6, 2018	(none)

Reports (4)
Newer law has been passed 
Oct 30, 2023
Other "This information is meaningless without dates and explanations"
Oct 7, 2023
Note field is incorrect "additional check on current situation is needed"
Jun 2, 2023
Newer law has been passed "Homosexual is frowned upon in India"
Feb 4, 2023

Sep 6, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
Sources	https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://t.co/SJaXRWTugR	https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://www.hrw.org/the-day-in-human-rights/2018/09/06
Sources	Show Difference https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://t.co/SJaXRWTugR https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://www.hrw.org/the-day-in-human-rights/2018/09/06

Sep 6, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
Description	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten.	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten. The ban just got struck down today.
Description	Show Difference Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten. The ban just got struck down today.
Sources	https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report	https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://t.co/SJaXRWTugR
Sources	Show Difference https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report https://t.co/SJaXRWTugR

Sep 3, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Aug 20, 2018	Sep 6, 2018

Aug 20, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Aug 1, 2018	Aug 20, 2018

Aug 15, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
Description	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018.	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten.
Description	Show Difference Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten.

Aug 1, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jul 18, 2018	Aug 1, 2018

Jul 20, 2018

edited by Ausyk

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	Old Value	New Value
Description	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be completely legal in Oct 2018.	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018.
Description	Show Difference Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be completely legal in Oct 2018.

Jul 18, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jul 17, 2018	Jul 18, 2018
Description	Just got ruled unconstitutional by the Supreme Court.	Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be completely legal in Oct 2018.
Description	Show Difference Just got ruled unconstitutional by the Supreme Court. Court on July 17, 2018. Might be completely legal in Oct 2018.

Jul 17, 2018

edited by Ausyk

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	Old Value	New Value
Description	Just got ruled unconstitutional.	Just got ruled unconstitutional by the Supreme Court.

Jul 17, 2018

edited by Ausyk

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	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Legal
End Date	Jul 14, 2018	Jul 17, 2018
Description	10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides. Supreme court hinted at legalization.	Just got ruled unconstitutional.
Description	Show Difference 10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides. Supreme court hinted at legalization. Just got ruled unconstitutional.

Jul 14, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jul 11, 2018	Jul 14, 2018
Description	10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides.	10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides. Supreme court hinted at legalization.
Description	Show Difference 10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides. Supreme court hinted at legalization.

Jul 11, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jul 10, 2018	Jul 11, 2018
Description	10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018.	10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides.
Description	Show Difference 10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018. Parliament said July 11, 2018 they will do what ever the supreme court decides.

Jul 10, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jul 6, 2018	Jul 10, 2018
Description	10 years to life in prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by INdian High Court on July 10, 2018.	10 years to life in prison and fines. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018.
Description	Show Difference 10 years to life in prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by INdian High Court on July 10, 2018. Not enforced. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by Indian High Court on July 10, 2018.

Jul 7, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
Description	10 years to life in prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.	10 years to life in prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. under review by INdian High Court on July 10, 2018.
Description	Show Difference 10 years to life in prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending. under review by INdian High Court on July 10, 2018.

Jul 6, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jun 22, 2018	Jul 6, 2018

Jun 22, 2018

edited by Ausyk

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	Old Value	New Value
Description	10 years to life in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.	10 years to life in prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.
Description	Show Difference 10 years to life in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending. prison and fines. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.

Jun 22, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jun 14, 2018	Jun 22, 2018
Description	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.	10 years to life in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.
Description	Show Difference 8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending. 10 years to life in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.

Jun 14, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jun 2, 2018	Jun 14, 2018

Jun 2, 2018

edited by Ausyk

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	Old Value	New Value
End Date	May 31, 2018	Jun 2, 2018
Description	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. The court decision will be reviled on May 1, 2018.	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. Court Decision pending.
Description	Show Difference 8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. The court decision will be reviled on May 1, 2018. Court Decision pending.

May 31, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Apr 28, 2018	May 31, 2018

Apr 28, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Apr 14, 2018	Apr 28, 2018
Description	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized.	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. The court decision will be reviled on May 1, 2018.
Description	Show Difference 8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized. The court decision will be reviled on May 1, 2018.

Apr 14, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Feb 3, 2018	Apr 14, 2018
Description	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377.	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized.
Description	Show Difference 8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377. The prince of India is trying to get this decriminalized.

Feb 3, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jan 18, 2018	Feb 3, 2018
Description	10 years in prison. Indian Supreme Court is reviewing legality of Section 377.	8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377.
Description	Show Difference 10 years in prison. Indian Supreme Court is reviewing legality of Section 377. 8-14 years in prison. Indian Supreme Court is reviewing legality of Section 377.
Sources	No	https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report

Jan 19, 2018

edited by Ausyk

Helpful?

	Old Value	New Value
End Date	Jan 15, 2018	Jan 18, 2018
Description	10 years in prison.	10 years in prison. Indian Supreme Court is reviewing legality of Section 377.
Description	Show Difference 10 years in prison. Indian Supreme Court is reviewing legality of Section 377.

Jan 16, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Sep 28, 2017	Jan 15, 2018

Sep 28, 2017

edited by Ausyk

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	Old Value	New Value
End Date	Aug 10, 2017	Sep 28, 2017

Aug 10, 2017

edited by Ausyk

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	Old Value	New Value
End Date	Mar 6, 2017	Aug 10, 2017
Description	10 years to life in prison.	10 years in prison.
Sources	https://lgbt-rights-hrw.silk.co/	No

Mar 6, 2017

edited by Ausyk

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	Old Value	New Value
End Date	Feb 14, 2017	Mar 6, 2017
Sources	No	https://lgbt-rights-hrw.silk.co/

Feb 14, 2017

edited by Ausyk

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	Old Value	New Value
Start Date	Jul 2, 2009	Dec 11, 2013

Feb 14, 2017

edited by Ausyk

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	Old Value (Original)	New Value
Value	Legal	Illegal (imprisonment as punishment)
End Date	Jul 30, 2016	Feb 14, 2017
Description	No	10 years to life in prison.
Sources	http://www.lgbtnet.dk/countries/asia/india	No

Jul 30, 2016

created by Ausyk

Helpful?

	Original entry
Status	Legal
Start Date	Jul 2, 2009
End Date	Jul 30, 2016
Description	No
Sources	http://www.lgbtnet.dk/countries/asia/india