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1. Penal Code India

Section 377 of the Indian Penal Code is a section of the introduced in 1864 during the. Modelled on the, it is used to criminalize sexual activities 'against the order of nature'. On 6 September 2018, the ruled that the application of Section 377 to consensual between adults was unconstitutional, 'irrational, indefensible and manifestly arbitrary', but that Section 377 remains in force relating to sex with, sexual acts,. Portions of the section were first struck down as unconstitutional with respect to gay sex by the Delhi High Court in July 2009.

Penal Code India

That judgement was overturned by the Supreme Court of India (SC) on 11 December 2013 in. The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. On 6 February 2016, a three-member bench of the Court reviewed curative petitions submitted by the and others, and decided that they would be reviewed by a five-member constitutional bench. On 24 August 2017, the Supreme Court upheld the right to privacy as a fundamental right under the Constitution in the landmark judgement. The Court also called for equality and condemned discrimination, stated that the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the LGBT population are real and founded on constitutional doctrine. This judgement was believed to imply the unconstitutionality of section 377. In January 2018, the Supreme Court agreed to hear a petition to revisit the 2013 Naz Foundation judgment.