Current Version
| Region | India |
| Issue | Homosexual activity |
| Status | Illegal (up to life in prison as punishment) |
| Start Date | Dec 11, 2013 |
| End Date | Sep 5, 2018 |
| Description | In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi was overturned. This decision upheld the constitutionality of the provisions of Section 377 of the Indian Penal Code that criminalized consensual same-sex sexual intercourse, thereby re-criminalizing homosexuality, with penalties of up to life imprisonment. |
| Sources | https://www.theguardian.com/world/2018/sep/06/indian-supreme-court-decriminalises-homosexuality |
| Federal Law | Yes |
Revision History (4)
edited by Unknownmiles. Fixing entry by fixing source, description, end date, and status
Helpful?
1 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Illegal (imprisonment as punishment) | Illegal (up to life in prison as punishment) |
| End Date | Sep 6, 2018 | Sep 5, 2018 |
| Description | In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, a two-judge Division Bench overturned the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi, upholding the constitutionality of Section 377 of the Indian Penal Code, which criminalized same-sex sexual intercourse and carried a penalty of up to 10 years imprisonment. | In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi was overturned. This decision upheld the constitutionality of the provisions of Section 377 of the Indian Penal Code that criminalized consensual same-sex sexual intercourse, thereby re-criminalizing homosexuality, with penalties of up to life imprisonment. |
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| Federal Law | No | Yes |
| Sources | Suresh Kumar Koushal v. Naz Foundation (2013) Civil Appeal No. 10972 of 2013 (Supreme Court of India) [https://web.archive.org/web/20200906222227/https://main.sci.gov.in/jonew/judis/41070.pdf] | https://www.theguardian.com/world/2018/sep/06/indian-supreme-court-decriminalises-homosexuality |
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edited by sushilkumarprem. Improved grammatical correctness
Helpful?
2 | Old Value | New Value | |
|---|---|---|
| Description | The Delhi High Court ruling, IPC 377, was overruled by the Supreme Court of India. Sexual intercourse between two people of the same sex is illegal, being punishable by up to 10 years imprisonment. | In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, a two-judge Division Bench overturned the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi, upholding the constitutionality of Section 377 of the Indian Penal Code, which criminalized same-sex sexual intercourse and carried a penalty of up to 10 years imprisonment. |
Show Difference | ||
| Sources | 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 | Suresh Kumar Koushal v. Naz Foundation (2013) Civil Appeal No. 10972 of 2013 (Supreme Court of India) [https://web.archive.org/web/20200906222227/https://main.sci.gov.in/jonew/judis/41070.pdf] |
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Reports (1)
- Newer law has been passed "That’s great "
Reports (3)
- Newer law has been passed "Am afraid of jail but please allow same sex marriage "
- Date is incorrect
- Newer law has been passed "Sexual intercourse between two people of the same sex Is a better law"
| Original entry | |
|---|---|
| Status | Illegal (imprisonment as punishment) |
| Start Date | Dec 11, 2013 |
| End Date | (none) |
| Description | The Delhi High Court ruling, IPC 377, was overruled by the Supreme Court of India. Sexual intercourse between two people of the same sex is illegal, being punishable by up to 10 years imprisonment. |
| Sources | 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 |
Reports (24)
- Status is not correct
- Status is not correct "It's legal now"
- Newer law has been passed "https://www.bbc.com/news/world-asia-india-45429664"
- Newer law has been passed "Homosexuality is now legal since 6th september"
- Status is not correct "Section 377 has been overruled on September 6,2018"
- Newer law has been passed
- Newer law has been passed
- Status is not correct "Has been decriminalized"
- Status is not correct
- Newer law has been passed "https://www.bbc.co.uk/news/world-asia-india-45429664"
- Newer law has been passed
- Newer law has been passed "Same sexual activities are legal. "
- Status is not correct "As if September 6th 2018, Section 377 has been dropped, decriminalizing homosexuality in India.
https://timesofindia.indiatimes.com/india/gay-sex-is-not-a-crime-says-supreme-court-in-historic-judgement/articleshow/65695172.cms"
- Status is not correct "Indian supreme court passed a judgement today striking down Article 377 of the Indian Constitution (Article that criminalized homosexuality)"
- Status is not correct "Supreme Court has not yet ruled anything unconstitutional on the issue, officially. Passing remarks during hearing cannot be used to say homosexuality is legal. The judgment is reserved. It may be positive, but till then "unnatural" sex is illegal as per Section 377 of the Indian Penal Code."
- Status is not correct
- Note field is incorrect "There is no 'Prince' in India trying to fight for alGBT. It's the university and people. "
- Other "What the hell is the Prince of India?"
- Status is not correct "There is no such thing as the prince of India..."
- Status is not correct "India does not have a prince because it's a Republic"
- Note field is incorrect "Not sure who the ‘prince of India’ is, but India is a republic."
- Newer law has been passed "Same sex relations/marriage have been made legal by a supreme court ruling in August of 2017"
- Status is not correct "as of quite recently, ( aug 24 2017 ) the supreme court has repealled the act which criminalizes gay sex "
- Status is not correct