What is the case law 377 in India?

Asked by: Miss Kayli Beier Jr.  |  Last update: March 3, 2026
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Case Law 377 in India refers to the landmark Supreme Court ruling in Navtej Singh Johar v. Union of India (2018) that partially struck down Section 377 of the Indian Penal Code (IPC), decriminalizing consensual same-sex sexual acts between adults by recognizing them as a violation of fundamental rights to equality, privacy, and dignity. This historic verdict overturned a colonial-era law that criminalized "carnal intercourse against the order of nature," which had been used to persecute the LGBTQ+ community, marking a significant victory for LGBTQ+ rights in India.

What is the rule 377 in India?

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1 [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. Explanation.

What is the case 377 in India?

2018 Navtej Singh Johar v.

In 2018, after decades of grassroots activism, the application of section 377 of the Indian Penal Code to private consensual sex between men was ruled unconstitutional by India's Supreme Court, effectively decriminalizing homosexual activity.

What is the constitutional validity of Section 377 of the IPC?

The Supreme Court of India unanimously held that Section 377 of the Indian Penal Code, 1860, which criminalized 'carnal intercourse against the order of nature', was unconstitutional in so far as it criminalized consensual sexual conduct between adults of the same sex.

What was the punishment under Section 377?

Description. 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.

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28 related questions found

Is 377 IPC bailable or not?

Then with the help of proper evidence the case can be proved, even the bail can also be pleaded depending upon the type of cases, it is upon the discretion of the court whether to grant the bail or not. Is IPC 377 a bailable or non-bailable offense? It is a non-bailable offence triable by the Magistrate first class.

Did Hinduism support LGBTQ?

The Hindu American Foundation, in its policy brief on Hindus and Homosexuality, notes that Hinduism does not provide a fundamental spiritual reason to reject or ostracize LGBTQ+ individuals, and that, “Given their inherent spiritual equality, Hindus should not socially ostracize LGBT individuals, but should accept them ...

Who decriminalized homosexuality?

Via military occupation or emulation of the French criminal code, the Scandinavian countries, Spain, the Netherlands, Portugal, Belgium, Japan, and their colonies and territories—including much of Latin America—decriminalized homosexuality.

Is LGBTQ law passed in India?

There are no legal restrictions on sex between men or between women. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common-law marriage, same-sex marriage, civil union or unregistered cohabitation.

Do Indians accept LGBTQ?

The majority of Indian society is still conservative, and while most travelers will have a welcoming and hospitable experience, discretion is still advised for LGBTQIA+ travelers, particularly in more remote towns and villages which may be more conservative.

When did LGBTQ start in India?

It was August 11, 1992. Outside the police headquarters in the ITO area of Delhi, the first known protest for gay rights in India was being held.

What state has the highest homosexuality rate?

Cartogram of U.S. states showing the share of adults who identify as LGBT from an analysis of survey data conducted 2020-2021. Overall, 5.5% of the U.S. adults identify as LGBT. D.C. has the highest share, at 14.3%, while Mississippi and West Virginia are tied for the lowest, at 4.1%.

What religions oppose homosexuality?

Pentecostal churches such as the Assemblies of God, as well as Restorationist churches, like Iglesia ni Cristo, the Jehovah's Witnesses and the Church of Jesus Christ of Latter-day Saints, also take the position that homosexual sexual activity is sinful.

What happened in 1969 for gays?

On June 28, 1969, the Stonewall Inn, a gay bar in New York's Greenwich Village, was raided by police. But instead of responding with the routine compliance the NYPD expected, patrons and a growing crowd decided to fight back. The five days of rioting that ensued changed forever the face of gay and lesbian life.

What does Krishna say about LGBTQ?

Hare Krishna views of homosexuality, and especially the view of the International Society for Krishna Consciousness (ISKCON) towards LGBTQ issues, are similar to their views of heterosexual relationships, i.e. because the living entity is identifying with the body, any attraction based on the desire to gratify the body ...

Can wife touch husband's feet in Hinduism?

According to tradition, when a wife touches her husband's feet, it symbolizes respect, devotion, and gratitude. This simple act is believed to strengthen the bond, bring harmony, and invite positive energy into the relationship. It also signifies blessings for a happy and prosperous married life.

How does God view LGBTQ?

As New Testament Scholar Daniel Kirk has pointed out, Christians today would do well by the tradition of the apostles and our current witness in the world to recognize that theological abstractions aside, God has already clearly embraced LGBTQ+ people into full communion, and it is now the church's responsibility to ...

What was the landmark case about Section 377?

Union of India (Johar case), a five judge bench of the Supreme Court of India, partially struck down Section 377 of the Indian Penal Code (IPC), which made “carnal intercourse against the order of nature” a criminal offence punishable with life imprisonment.

What is the rule 377?

Existing provision In case of matters raised under Rule 377 in the Lok Sabha, if a member who had raised the matter resigns his seat in the House or passes away, reply to such matters stating the factual position will be sent by the department to the Lok Sabha Secretariat under intimation to the Ministry of ...

What are the key arguments against Section 377?

Accordingly, Section 377 in its present form violates various fundamental rights of the LGBT community. It has been contended that being homosexual is neither a physical nor a mental illness and right to choose a partner is a feature of dignity and LGBT community has right to privacy.

What does the Bible say about sexless?

1 Corinthians 7:3-5 says that, for a limited time, spouses may agree to not have sex in order to more fully devote themselves to prayer. However, this passage also reminds husbands and wives to “come together again” so as not to be tempted.

What is the biggest sin in all religions?

Pride is known as hubris (from the Ancient Greek ὕβρις) or futility; it is considered the original and worst of the seven deadly sins—the most demonic—on almost every list. Pride is also thought to be the source of the other capital sins. Pride is viewed as the opposite of humility.

What ethnicity has the highest homosexuality rate?

Forty-two percent of LGBTQ adults identify as people of color, including 21 percent who identify as Latino/a, 12 percent as Black, two percent as Asian, and one percent as American Indian and Alaska Native.

What country has the lowest homosexuality rate?

At the lower end of the spectrum comes South Korea and Romania with 3 percent of adults identifying as LGBT+ in each.