What was the original purpose of Section 377?
Asked by: Tad Schneider | Last update: June 25, 2026Score: 4.8/5 (26 votes)
Introduced in 1860 by the British colonial government, Section 377 was originally designed to enforce Victorian-era morality and European sexual standards, criminalizing any sexual activity deemed "against the order of nature". It aimed to police "perverse" sexual acts (including same-sex acts and non-procreative sex) in colonies across Asia, Africa, and the Pacific, imposing British "virtue" over local cultures.
Why is Section 377 unconstitutional?
On 6 September 2018, the Supreme Court of India ruled that the application of Section 377 to consensual homosexual sex between adults was unconstitutional, "irrational, indefensible and manifestly arbitrary", but that Section 377 remained in force relating to sex with minors, non-consensual sexual acts, and bestiality.
Why did Singapore repeal 377A?
During the National Day Rally on 21 August 2022, Prime Minister (PM) Lee Hsien Loong announced that Singapore would repeal Section 377A of the Penal Code. He acknowledged that it is unjustifiable to prosecute private sexual acts between consenting adults.
Who removed Section 377?
On 11 December 2013, two judges of the Supreme Court of India overturned a landmark 2009 decision in which two judges of the Delhi High Court declared section 377 of the Indian Penal Code unconstitutional to the extent it makes consensual homosexual intimacy in private a criminal offence.
What is Section 377 in simple terms?
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.
A call to Legalise homosexuality in India ! (Amending Section 377) | Sujatha Rao | TEDxWalledCity
Is 377 bailable or not?
377/ A Unnatural offence May arrest without warrant Warrant Not bailable Not compoundable i)With death or imprisonment for life, or castration along with imprisonment which may extend to ten years and fine, which may extend to five million rupees but shall not be less than two million rupees.
What is the Supreme Court decision on Section 377?
The Court upheld the right to equal citizenship of all members of the LGBTQI community in India. Thus, it read down Section 377 to exclude consensual sexual relationships between adults, whether between same-sex individuals or otherwise.
Is homosexuality still illegal in Singapore?
Yes, being gay is legal in Singapore. Same-sex sexual activity was decriminalized in January 2023 following the repeal of Section 377A of the Penal Code. While gay sex is legal, Singapore does not recognize same-sex marriage or civil unions, and the constitution was amended to protect the definition of marriage as between a man and a woman.
Which country has the highest LGBT rate?
The Philippines had the highest share of people identifying as LGBT+, at 11 percent, while the United States and Thailand came in a close joint second place with 10 percent of adults each, followed by Sweden (9 percent), Brazil and the United Kingdom (8 percent each).
What is the difference between 377 and 377A?
A: 377A is the alkaline version of 377 (silver oxide).
Why is sodomy illegal?
In general, sodomy laws across America (not too long ago) totally prohibited non-procreative activities between individuals. So, state governments were basing legislation on religious tenets, and passing laws that barred all sex acts (e.g., anal intercourse) other than vaginal intercourse.
What was the impact of abolishing Section 377?
Primarily, the verdict decriminalized non-peno-vaginal sexual acts among consenting adults in private. But it was also crucial for destigmatizing non-normative sexual orientations and gender identities at a larger social level. This was the second time that Section 377 was read down.
Is homosexuality still criminalized in India?
After a nine-year period of legal battles, a part of Section 377 of the Indian Penal Code was eventually struck down by the Supreme Court of India on 7 September 2018, making homosexual sex legal again.
What are the implications of repealing IPC 377?
Same-sex relationships were recognised under Section 377. The absence of part 377 will allow perpetrators to get away with the crime because they do not come under any specific portion of the law. It will cause a lot of confusion; the government should create specific offences for each gender.
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 is decriminalization of Section 377?
On September 6th, the five-judge Bench partially struck down Section 377 of the Indian Penal Code, decriminalising same-sex relations between consenting adults. LGBT individuals are now legally allowed to engage in consensual intercourse.
What is the punishment for 377?
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.
Is lasciviousness bailable?
Art. 336 (RPC) Acts of Lasciviousness: The statutory penalty is in the prisión correccional range (6 months and 1 day to 6 years). Result: Bailable as a matter of right (pre-conviction).
Is 377 IPC between husband and wife?
-- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape. 377. Unnatural offences.
What were the arguments against Section 377?
It was said that it will be unjust for the gender-based and sexual minorities to be deprived of the equality and equal protection of Law guaranteed to every citizen under the COI. The choice of partner is a personal matter and the state has no business to interfere with a person's consensual intimacies.
Which Indian LGBTQIA+ activist is known for challenging Section 377 and advocating for equal rights?
Menaka Guruswamy, the senior Supreme Court advocate who helped strike down Section 377 in 2018, has now taken oath as a Rajya Sabha MP(on , becoming India's first openly queer member of Parliament. Rhodes Scholar. Harvard LLM.
Who was Navtej Singh Johar?
Navtej Singh Johar (born 8 August 1959) is an Indian Sangeet Natak Akademi award-winning Bharatnatyam exponent and choreographer. He is also an LGBTQ activist.
Which city has the highest LGBT population?
The New York City metropolitan area has the highest total number of LGBTQ+ residents in the United States, with over 700,000 individuals. While NYC holds the highest total count, the San Francisco metro area holds the highest percentage of LGBTQ+ adults (6.7%) among major U.S. cities.
What does oogachaga do?
Oogachaga is a community-based, non-profit, professional organisation working with lesbian, gay, bisexual, transgender, questioning and queer (LGBTQ+) individuals, couples, families and communities in Singapore since 1999. In 2024, we marked 25 years of affirming and supporting Singapore's LGBTQ+ community.
What's the most LGBTQ accepting country?
As of 2026, Iceland, Spain, and Malta are consistently ranked among the most LGBTQ+ friendly countries globally, boasting high legal equality, strong protections, and positive public perception. Nordic nations like Norway and Sweden, along with Canada and the Netherlands, also top international indices for safety and acceptance.