Current Version
| Region | India |
| Issue | Equal age of consent |
| Status | Equal |
| Start Date | Sep 6, 2018 |
| End Date | now |
| Description | The age of consent is equal since decriminalization. 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 (3)
Revision by sushilkumarprem. Equal Age of Consent since decriminalization.
| Old Value | New Value (Current) | |
|---|---|---|
| Start Date | Apr 2, 2013 | Sep 6, 2018 |
| Note | The Criminal Law Act of 2013 raised the age of consent for homosexual sex and heterosexual sex to 18. | The age of consent is equal since decriminalization. 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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| Sources | http://indiacode.nic.in/acts-in-pdf/132013.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 danlev
| Old Value | New Value | |
|---|---|---|
| Note | The Criminal Law Act of 2013 raised the age of consent for homosexual sex and heterosexual sex to. | The Criminal Law Act of 2013 raised the age of consent for homosexual sex and heterosexual sex to 18. |
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Reports (4)
- Status is not correct "Homosexuality was not legal until 6 September 2018. As there was no unequal age of consent, there was equal age of consent since decriminalization. The entry seems to refer to the change in age of consent for overall population. "
- Status is not correct "If consensual homosexual sex is still criminalized, there cannot be an equal age of consent. "
- Status is not correct "Homosexual sex is illegal. Therefore, the age for consent cannot be raised."
- Status is not correct "When having homosexual sex is itself illegal, it is ridiculous to state that there's equal age of consent. You should have a "NOT APPLICABLE" criterion."
Revision by danlev
| Old Value (Original) | New Value | |
|---|---|---|
| Note | The age of consent for both was raised to 18 in 2013 | The Criminal Law Act of 2013 raised the age of consent for homosexual sex and heterosexual sex to. |
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