Section 377 of the Indian Penal Code

From Wikipedia, the free encyclopedia

Chapter XVI, Section 377 of the Indian Penal Code a piece of legislation in India used to criminalise homosexual activity introduced during British rule of India. It is also commonly referred to as the ‘Anti-sodomy Law’. The Section 377 was drafted in 1860 by Lord Macaulay as a part of the colonial project of regulating and controlling the Indian subject which reads:

Unnatural sexual offenses: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment which may extend to ten years, and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section^[1].

The Indian Penal Code was later reproduced in most other British colonies – and to date many of these laws are still in places as far apart as Singapore, Sri Lanka, Nigeria and Zimbabwe.

Because this section bans "carnal intercourse against the order of nature with any man, woman or animal", treating them as criminals, it has been criticized by groups supporting gay rights.

In 2006 it came under criticism from 100 Indian literary figures,^[2] most prominently Vikram Seth. The movement to repeal Section 377 has been led by the Naz Foundation India Trust, an activist group. It is currently under a constitutional challenge at the Delhi High Court.

[edit] External links

Male-to-male sex, and sexuality minorities in South Asia: an analysis of the politico-legal framework, Arvind Narrain & Brototi Dutta, 2006, the Naz Foundation International, sourced from: www.risksandresponsibilities.org/ArvindNarrain.pdf

[edit] References

This article needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (May 2007)