Homosexuality in India

With the replacement of the Indian Penal Code by the Bharatiya Nyaya Sanhita in December 2023, there is no longer any language equivalent to Section 377, and as a result homosexual rape ceased to be illegal throughout India.

[4] The Arthashastra, an ancient Indian treatise on statecraft, mentions a wide variety of sexual practices which, whether performed with a man or a woman, were sought to be punished with the lowest grade of fine.

[27] Sex between non-virgin women incurred a small fine, while homosexual intercourse between men could be made up for merely with a bath with one's clothes on, and a penance of "eating the five products of the cow and keeping a one-night fast".

[27] The Fatawa-e-Alamgiri of the Mughal Empire mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.

[28][29][30][31] Section 377 of the Indian Penal Code (IPC), dating back to 1861, made sexual activities "against the order of nature" punishable by law and carries a life sentence.

[32] The law replaced the variety of punishments for Zina (unlawful intercourse[33]) mandated in the Mughal empire's Fatawa-e-Alamgiri, these ranged from 50 lashes for a slave, 100 for a free infidel, to death by stoning for a Muslim.

In September 2006, Nobel Laureate Amartya Sen, acclaimed writer Vikram Seth and other prominent Indians publicly demanded the repeal of section 377 of the IPC.

[39][46] On 9 August 2008, then health minister, Anbumani Ramadoss began his campaign for changing Section 377 of the Indian penal code, which defines homosexuality as an unnatural act and thus illegal.

[48][49] In late 2008, he changed his argument saying he does not want the scrapping of Section 377 but a mere modification of the law treating homosexuality as a criminal offence punishable up to life imprisonment.

[50] Ravi Shankar, a prominent Hindu spiritual leader, has condemned sec 377 in a series of tweets, maintaining that "Hinduism has never considered homosexuality a crime" and "to brand a person a criminal based on sexual preference would be absurd".

[53] Later talking to The Hindu in November 2008, he added concerns that the then in power United Progressive Alliance government was in a difficult position in regards to amending Section 377 of the Indian Penal Code because of the then upcoming elections, as such changes could be misrepresented.

[55] In July 2014, a book on LGBTQIA and genderqueer rights published by Srishti Madurai was released by Vanathi Srinivasan, the general secretary of the BJP in Tamil Nadu.

"[59] Rashtriya Swayamsevak Sangh spokesperson Ram Madhav in an interview with national daily Business Standard said in May 2014: "But I can say this – that while glorification of certain forms of social behaviour is not something we endorse, the penalising and criminalisation aspects need to be looked into.

His local media in-charge Fasahat Ali Khan Shannu claimed that "the remarks of the minister are unnecessarily blown out of proportion, By referring to RSS, he meant to say that they are the ones reportedly behind the move to decriminalize Gay Sex in India.

"[61] On 6 March 2016, Srishti Madurai's new website was launched by Dalit activist and Ambedkarite Ma.Venkatesan from BJP in the presence of Central Minister Pon Radhakrishnan, Vanathi Srinivasan, Aravindan Neelakandan, Joe D'Cruz and scores of Rashtriya Swayamsevak Sangh volunteers at Chennai.

[62] In March 2018, Partha Chatterjee, the then Education Minister of West Bengal from the Trinamool Congress said that "Lesbianism is against Bengali Culture" [63] In September 2018, Dravidianist DMK Treasurer Duraimurugan labelled gay marriages as most barbaric.

[64] In September 2018, Islamist AIMIM Head and MP Asaduddin Owaisi demanded the Government to overturn Criminalisation of Triple Talaq after India's Supreme Court decriminalized Homosexuality.

[65] In September 2022, Former Journalist and Trinamool Congress MP Kunal Ghosh equated homosexuality to perversion to derogatorily describe the death of Opposition Leader Suvendhu Adhikari's Bodyguard.

[66] In December 2022, Abdurahiman Randathani, a former legislator from Indian Union Muslim League claimed that "in the name of sexual education, the government was encouraging homosexuality and pervert acts like masturbation."

The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the Constitution of India.

[72] On 28 January 2014, Supreme Court dismissed the review petition filed by Central Government, Naz Foundation and several others, against its 11 December verdict on Section 377 of IPC.

[73] In January 2015, National Crime Records Bureau (NCRB) said that according to data collected, 778 cases were filed under Section 377 of IPC and 587 arrests were made in 2014 until October after the Supreme Court verdict.

[76] On 2 February 2016, the Supreme Court agreed to reconsider its 2013 judgment; it said it would refer petitions to abolish Section 377 to a five-member constitutional bench, which would conduct a comprehensive hearing of the issue.

[77] On 24 August 2016 a draft law for the ban of commercial surrogacy was cleared by the Union Cabinet and announced by Sushma Swaraj, the Minister of External Affairs (India).

[117] A number of conservative religious organizations in South Asia have voiced support for LGBTQ rights, including the Buddhist Asgirya Chapter in Sri Lanka and Hindu RSS in India.

[122] On 4 July 2008, the Delhi High Court, while hearing the case to decriminalise homosexuality, opined that there was nothing unusual in holding a gay rally, something which is common outside India.

[123] Days after the 2 July 2009 Delhi High Court verdict legalising homosexuality, Pink Pages, India's first online LGBT magazine was released.

"[143] Rabbi Ezekiel Isaac Malekar, honorary secretary of the Judah Hyam Synagogue, in upholding the judgement, was also quoted as saying "In Judaism, our scriptures do not permit homosexuality."

[147] On 28 April 2021 Madras High Court Justice N Anand Venkatesh passed an interim orders in response to a petition filed by two young women with same sex orientation.

[151] Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety.On 7 June 2021, in delivering the verdict on this case, Justice N Anand Venkatesh prohibited Conversion Therapy in Tamil Nadu and Puducherry.