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. https://cutt.ly/Dmb54BD
Bharadwaj, A. (2018, September 6). ‘Gay sex is not a crime,’ says Supreme Court in historic judgment. The Times of India. https://cutt.ly/7mb6RLh
Chaturvadi, A. (2018, July12). Government Leaves Fate of Section 377 to Wisdom of Supreme Court. Bloomberg. https://cutt.ly/Mmb6oT8
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. https://cihr-irsc.gc.ca/e/48642.html
Ganjapure, V. (2010, April 9). Gay prof was known as a literary genius. The Times of India. https://cutt.ly/Fmb6hVa
Garg, A. & Mahapatra D. (2020, September 15). Can’t legalise same-sex marriage: Government. The Times of India. https://cutt.ly/mmb6zjy
Gharg, A. (2017). The Right to Privacy and What it means to India. Journal on Complementary Issues of Law. 3(10). 1-10. https://cutt.ly/7mb6cEt
Hans, N. (2017, February 14). Increasing support for gay rights from BJP leaders: A rainbow in sight?. Catch News. https://cutt.ly/2mb6Im5
Jha, L. (2018, September 6). Section 377: Top 10 quotes from SC verdict that decriminalises homosexuality. The Statesman. https://cutt.ly/smb6J0d
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. https://cutt.ly/umb6SMl
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. https://cutt.ly/gmb6Glm
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. https://cutt.ly/smb6XiW
Tiwari, R. (2016, March 19). Section 377: Unlike RSS, BJP shies away from taking a standon homosexuality. The Economic Times. https://cutt.ly/Wmb6CQD
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. https://cutt.ly/Jmb6B4N
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright (c) 2021 Abir Mondal