![]() ![]() ![]() This section of the Buggery Act was drafted by Thomas Macaulay in 1838 and was brought into effect in 1860. Section 377 was introduced by the British, modelled on the Buggery Act of 1533. Here’s a look at how the issue and the case have evolved so far:ĭuring British rule in 1860, homosexual intercourse was considered unnatural and was declared a criminal offence under Chapter 16, Section 377 of the Indian Penal Code. The other members of the bench are Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha. The five-judge bench heard arguments in the case between April and May and reserved its order on May 11. Only Taiwan and Nepal allow same-sex unions in Asia, where largely conservative values still dominate politics and society. The case was seen as a milestone event for LGBTQ rights in India, following a historic 2018 judgement by the Supreme Court that scrapped a colonial-era ban on gay sex. A Constitution Bench led by Chief Justice of India DY Chandrachud pronounced its verdict on 21 pleas seeking legal validation for same-sex marriages and said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act. The Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages.
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