Current Version
| Region | India |
| Issue | Homosexual activity |
| Status | Legal |
| Start Date | Sep 6, 2018 |
| End Date | now |
| 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] |
Revision History (34)
Revision by sushilkumarprem. Added court name to sources
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| 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] |
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Revision by sushilkumarprem. Added Bench Size as it affects the stare decisis in India
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| 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. |
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Revision by sushilkumarprem. Removed relative dates and added citation to court case.
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| 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. |
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| 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] |
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Revision by danlev
| 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
- Other "This information is meaningless without dates and explanations"
- Note field is incorrect "additional check on current situation is needed"
- Newer law has been passed "Homosexual is frowned upon in India"
Revision by Ausyk
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| 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 |
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Revision by Ausyk
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|---|---|---|
| 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. |
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| 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 |
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Revision by Ausyk
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| End Date | Aug 20, 2018 | Sep 6, 2018 |
Revision by Ausyk
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| End Date | Aug 1, 2018 | Aug 20, 2018 |
Revision by Ausyk
| 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. |
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Revision by Ausyk
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| End Date | Jul 18, 2018 | Aug 1, 2018 |
Revision by Ausyk
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| 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. |
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Revision by Ausyk
| Old Value | New Value | |
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| 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. |
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Revision by Ausyk
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| Description | Just got ruled unconstitutional. | Just got ruled unconstitutional by the Supreme Court. |
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Revision by Ausyk
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| 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. |
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Revision by Ausyk
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| 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. |
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Revision by Ausyk
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| 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. |
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Revision by Ausyk
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| 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. |
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Revision by Ausyk
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| 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. |
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Revision by Ausyk
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| End Date | Jun 22, 2018 | Jul 6, 2018 |
Revision by Ausyk
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| 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. |
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Revision by Ausyk
| Old Value | New Value | |
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| 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. |
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Revision by Ausyk
| Old Value | New Value | |
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| End Date | Jun 2, 2018 | Jun 14, 2018 |
Revision by Ausyk
| Old Value | New Value | |
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| 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. |
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Revision by Ausyk
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| End Date | Apr 28, 2018 | May 31, 2018 |
Revision by Ausyk
| Old Value | New Value | |
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| 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. |
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Revision by Ausyk
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| 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. |
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Revision by Ausyk
| Old Value | New Value | |
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| 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. |
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| Sources | No | https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report |
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Revision by Ausyk
| Old Value | New Value | |
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| 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. |
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Revision by Ausyk
| Old Value | New Value | |
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| End Date | Sep 28, 2017 | Jan 15, 2018 |
Revision by Ausyk
| Old Value | New Value | |
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| End Date | Aug 10, 2017 | Sep 28, 2017 |
Revision by Ausyk
| Old Value | New Value | |
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| End Date | Mar 6, 2017 | Aug 10, 2017 |
| Description | 10 years to life in prison. | 10 years in prison. |
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| Sources | https://lgbt-rights-hrw.silk.co/ | No |
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Revision by Ausyk
| Old Value | New Value | |
|---|---|---|
| End Date | Feb 14, 2017 | Mar 6, 2017 |
| Sources | No | https://lgbt-rights-hrw.silk.co/ |
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Revision by Ausyk
| Old Value | New Value | |
|---|---|---|
| Start Date | Jul 2, 2009 | Dec 11, 2013 |
Revision by Ausyk
| Old Value (Original) | New Value | |
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| Value | Legal | Illegal (imprisonment as punishment) |
| End Date | Jul 30, 2016 | Feb 14, 2017 |
| Description | No | 10 years to life in prison. |
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| Sources | http://www.lgbtnet.dk/countries/asia/india | No |
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