Section 377: A legal & political outlook of India


Homosexualidad; LGBT; tercer género; India Homosexuality; LGBT; Third Gender; India

How to Cite

Mondal, A. (2021). Section 377: A legal & political outlook of India. Runas. Journal of Education and Culture, 2(3), e21030.


In India, homosexual intercourse is legal now, but the legalization battle was not so easy; many obstacles were there. In 1860, Section 377 was introduced in the constitution by the British Government which declared homosexual intercourse illegal. As a result, the law considers the individuals of the LGBT community criminal. So, for gay rights, many NGOs and gay social activists have protested 377 repeatedly. They through the legal path achieved success by legalizing adult homosexuality on September 6, 2018. This theoretical case study focuses on the elaborative discussion on the social status of homosexuals from 1991 to 2018 due to article 377 which makes it clear why the read down of article 377 is needed for the sake of the Right to Privacy given by the Constitution of India.


Aids Bhedbhav Virodhi Andolan (ABVA). (1991). Less Than Gay: A Citizens Report on the Status of Homosexuality in India. Prince Offset Printers.

Anand, U. (2015, February 23). Does sale of sex toys violate Section 377, asks Delhi court. The Indian Express.

Bharadwaj, A. (2018, September 6). ‘Gay sex is not a crime,’ says Supreme Court in historic judgment. The Times of India.

Chaturvadi, A. (2018, July12). Government Leaves Fate of Section 377 to Wisdom of Supreme Court. Bloomberg.

Coen, S. & Banister, E. (Eds.). (2012). What a difference sex and gender make: a gender, sex and health research casebook. Canadian Institutes of Health Research.

Ganjapure, V. (2010, April 9). Gay prof was known as a literary genius. The Times of India.

Garg, A. & Mahapatra D. (2020, September 15). Can’t legalise same-sex marriage: Government. The Times of India.

Gharg, A. (2017). The Right to Privacy and What it means to India. Journal on Complementary Issues of Law. 3(10). 1-10.

Hans, N. (2017, February 14). Increasing support for gay rights from BJP leaders: A rainbow in sight?. Catch News.

Jha, L. (2018, September 6). Section 377: Top 10 quotes from SC verdict that decriminalises homosexuality. The Statesman.

Khan, A., & Bhatkal, S. (dir.). (2014). Accepting Alternative Sexualities [Television Talk Show Episode]. In A. Khan, & K. Rao. Satyamev Jayate. Star India Network.

Laxmikainth, M. (2020). Indian Polity. McGraw Hill Education

Nair, S. (2018, January 11). Many ups and downs in battle against 377. The Indian Express.

Narrain, A. & Eldridge M. (Eds.). (2009). The Right That Dares to Speak Its Name. Alternative Law Forum.

Narrain, A. (Ed.). (2018). Right to Love. Alternative Law Forum.

Nicol, N. (dir.). (2014). No Easy Walk to Freedom [Documentary Film]. India and Canada: Naz Foundation (India) Trust, Naz Foundation International and Envisioning Global LGBT Human Rights.

Nicol, N., Jjuuko, A., Lusimbo, R., Mulé, N. J., Ursel, S., Wahab, A. & Waugh, P. (Eds.). (2018). Envisioning Global LGBT Human Rights: (Neo)colonialism, Neoliberalism, Resistance and Hope. University of London.

Pant, S. (2010, 1 July). Professors hounded out for being Gay. Mail Today.

Rao, R.R. (2017). Criminal Love?-Queer Theory, Culture, and Politics in India. Sage.

Thomos, M. (2018, September 6). Timeline: The straggle against section 377 began over two decades ago. Quartz India.

Tiwari, R. (2016, March 19). Section 377: Unlike RSS, BJP shies away from taking a standon homosexuality. The Economic Times.

Vanita, R., & Kidwai S. (Eds.). (2001). Same Sex Love in India: Readings from Literature and History. PALGRAVE.

Venkatesan, J. (2013, December 11). Supreme Court sets aside Delhi HC verdict decriminalising gay sex. The Hindu.

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Copyright (c) 2021 Abir Mondal


Download data is not yet available.


Metrics Loading ...