Section 377: Complete timeline from 1861-2018; find out

A five judge Constitutional bench, led by Dipak Misra, Chief Justice of India will begin hearing the petitions challenging it.

Section 377 has always been quite a debatable topic. People stand divided between the right and the wrong. While one should have the freedom to choose who they want to be, how they want to live their life or simply whom do they want to love; a more “intellectual and know-it-all” section of the society, begs to differ. They feel it goes against the traditions and culture or as BJP MP, Subramaniam Swamy stated and we quote, “Being gay is against Hindutva, it needs a cure”, it leaves us all speechless. On Monday, Supreme Court rejected the Centre’s request to adjourn the hearing on Section 377 of the Indian Penal Code. For the uninitiated, this criminalises homosexuality and also makes gay sex an offence. Today is a big day for the country as a five judge Constitutional bench, led by Dipak Misra, Chief Justice of India will begin hearing the petitions challenging it.

While everyone talks openly about Section 377, there are a handful who actually know what it consists of. Section 377 states, “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” While we’ve understood what it features and holds, lets walk you through its timeline and also through its ever-changing judgements.

Introduction of Section 377 : 1861

The seed was sown during British Raj. Section 377 was modelled on the buggery Act of 1533. This section of the Buggery Act was drafted in 1838 by Thomas Macaulay and was brought into effect in 1860. According to the section, “buggery” is an unnatural sex act which goes against nature, God and man’s will. It therefore criminalises anal penetration, homosexuality and bestiality.

Petition filed against Section 377 in Delhi High Court : 2001

The section has often sparked a lot of controversies. Back in 2001, Naz Foundation filed a petition against Section 377 in the Delhi High Court. They also filed a lawsuit which allows consenting adults to have homosexual relations.

Delhi High Court dismisses the petition: 2003

The Delhi High Court dismissed Naz Foundation’s petition after a long two years stating that the working body had no standing in the matter. Naz Foundation didn’t back down and appealed in the Supreme Court in 2006 which asked the Delhi High Court to reconsider the case.

Delhi High Court decriminalises homosexuality: 2009

A landmark decision, the Court decriminalised homosexuality among consenting adults. However, holding it in violation of Article 14, 15 and 21 of the Constitution of India.

Supreme Court overturns High Court’s order: 2012

Post High Court’s judgement, innumerable appeals were made to the Supreme Court. Finally, in December 2012, the Supreme Court overturned HC’s judgement calling it, “legally unsustainable”. Justice G S Sanghavi and Justice S J Mukhopadhaya comprised of the two-judge bench; these two observed that the Delhi High Court had overlooked the fact that, “minuscule fraction of the country’s population constitutes LGBT.” After this the Supreme Court requested the Parliament to address the matter as they had the complete power to do so.

Shashi Tharoor’s Private Member Bill turned down by the members of the Lok Sabha: 2015

The Modi government came into power in 2014. The government said that it will take a decision only after the Supreme Court judgement. A year later, Shashi Tharoor introduced a bill which decriminalises homosexuality, the members of the Lok Sabha voted against it.

Petitioners move to SC over Section 377: 2016

A total of 5 petitions were filed by LGBTQ activitsts, S Johar, chef Ritu Dalmia, journalist Sunil Mehra, business executive Ayesha Kapur and hotelier Aman Nath. Their petition claimed, “rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity, and equality, along with the other fundamental rights guaranteed under Part-III of Constitution, are violated by Section 377.”

SC begins hearing on Section 377: 2018

A five bench Constitutional bench led by Justice Dipak Misra and comprising of Justice R F Nariman, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Indu Malhotra, begins hearing petitions challenging Section 377.

While the world is speeding towards development and freedom of expression, it is extremely sad that back here in India, one is still fighting for their own personal identity. Being gay or straight doesn’t mould or change a culture, nor does it smear ink on anyone’s reputation. It just means that you are open and accepting towards people in their purest forms. No religion, no holy books have ever taken away an individual’s right, they’ve all just preached that you need to be a good person at heart and rest everything can be taken care of. The people in power need to grow beyond their political gains and start doing something beneficial for their countrymen who bring them to power.

In a time when the world is finding traces of aliens and looking for places beyond Earth, people back on land are still struggling to find their own identity.