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Chapter XVI, Section 377 of the Indian Penal Code a piece of legislation in India introduced during British rule of India used to criminalise homosexual activity.It is also commonly referred to as the ‘Anti-sodomy Law’. The Section 377 was drafted in 1860 by Lord Macaulay as a part of the colonial project of regulating and controlling the British- and Indian-origin subjects, which reads:
- Unnatural offenses: 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 term which may extend to ten years, and shall also be liable to fine.
- Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.
The ambit of Section 377, which was devised to criminalize and prevent homosexual associations - sodomy in particular, extends to any sexual union involving penile insertion. Thus even consensual heterosexual acts - but coitus - such as fellatio and fingering may be declared a punishable offense under this law.
The Indian Penal Code was later reproduced in most other British colonies – and to date many of these laws are still in places as far apart as Singapore and Sri Lanka.
In 2006 it came under criticism from 100 Indian literary figures, most prominently Vikram Seth. The movement to repeal Section 377 has been led by the Naz Foundation India Trust, an activist group. It is currently under a constitutional challenge at the Delhi High Court.
References
- "Sodomy Laws Around the World". 2007-04-24. Retrieved 2007-09-01.
- "India's literary elite call for anti-gay law to be scrapped". 2006-09-18. Retrieved 2007-09-01.
External links
- Male-to-male sex, and sexuality minorities in South Asia: an analysis of the politico-legal framework, Arvind Narrain & Brototi Dutta, 2006.
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