SECTION

377

MADE BY:
LAKSHYA TOMAR
KHUSHBU MISRA
YASHVI KUNDRA
SHRISHTI PUROHIT
RIDIMA GULATI
 I AM WHAT I AM, SO TAKE ME AS
I AM.
 Sec-377 scrapped!
# What is section 377 ?
1- Section 377 states “whoever voluntarily has carnal intercourse against the order of nature with any men, women 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”.
2- The term ‘Carnal intercourse against the order of nature’ is interpreted as any sexual activity that does not form part of the larger
goal of procreation(reproduction).
3- Though the law does not explicitly mention LGBTQ community, the phrase “against the order of nature” has come to be referred for
same-gender sexual relations.
4- It further made private consensual sexual acts (other than penal-vaginal intercourse) between heterosexuals unlawful.

Source: constitution of India.

 SEC-377 SCRAPPED!
• #HISTORY OF INJUSTICE:
• 1994 First ever challenge to section 377 by Aids Virodhi Andolan. The challenge was made after there was a refusal
to distribute condoms in Tihar jail on the grounds that it will ‘spread’ homosexuality.
• 2000 172nd Law Commission Report recommended deletion of section 377.
• 2001-2009 – Naz Foundation Case
• 2009- Delhi High Court Verdict.
• 2013 Supreme court’s Verdict against Delhi High Court Judgement.
• 2014 Supreme Court Verdict on Transgender.
• The SC directed govt. to declare transgender as “Third Gender” and to be given reservation under OBC quota.
• 6th September 2018- VICTORY!!

Source: Times of India

 SEC-377 WHY IT WAS STUCK
DOWN?
• ARTICLE 21: RIGHT TO LIFE AND PERSONAL LIBERTY-
• The 2017 Supreme Court verdict on right to privacy highlights that the choice of one’s sexual orientation is an important
part of his/her privacy. Thus criminalizing homosexual’s for what they do in private life is a clear violation fundamental
rights.
• ARTICLE 14: RIGHT TO EQUALITY-
• It violates the provision of equality before law.
• ARTICLE 19 (1) (G): FREEDOM OF EXPRESSION-
• In 2014, the SC had held that right to freedom of expression includes the right to express one’s identity through “DRESS,
WORDS, ACTION or BEHAVIOUR or any other form”.

Source: Times of India.

 SEC-377 WHAT THE JUDGES QUOTED
• History owes an apology to members of their community for the
delay in ensuring their rights. Section-377 will, continue to govern
non-consensual sexual acts, carnal intercourse with minors and
acts of bestiality.”
• Justice D.Y. Chandrachud said homosexuality is documented in
1,500 species and is not unique to humans. Dispelled the
prejudice that homosexuality is against the order of nature. He
quoted from an article he read which said that homosexual
behaviour existed in all species except those that “never have sex
at all, such as sea urchins and aphis.”
 DIFFERNENT TYPES OF
GENDERS AND FACTS:
• CISGENDER: Being cisgender refers to someone who identifies with the sex they were assigned at birth. Non-trans is
also used by some people.
• GENDERQUEER: Genderqueer refers to someone who identifies outside of, or beyond, the binary of female and
male.
• GENDER FLUID: Gender fluid describes someone who identifies as male, female, and/or outside the binary at
different times.
• NEUTROIS: Neutrois is a non-binary gender identity that falls under genderqueer and transgender umbrellas, often
associated with the neutral gender.
• TRANSGENDER: It refers as an umbrella term that refers to people who do not identify with the gender they were
assigned at birth.
• Some transgender people go through hormone therapy and others decide to undergo surgery to change gender.
• NON-BINARY: Non-binary people feel their gender does not belong to the gender binaries that are male and female.
• INTERSEX: A person who may have the biological attributes of both sexes or whose biological attributes do not fit
with societal assumptions about what constitutes male or female.
• DEMISEXUAL: Demisexuals or demiromantics do not experience primary attraction-attraction to people based on
first impressions.
• GREY-ASEXUAL: Grey-asexuality and greyromanticism describe anyone who falls in some area between being asexual
and sexual, or aromantic and romantic.
• POLYSEXUAL: Polysexuality refers to people being attracted to multiple but not all genders.
• ASEXUAL: Asexual refers to people who do not experience sexual attraction.
• HYPERSEXUAL: Hypersexual means having a very developed libido and being attracted to someone based on their
looks and in-spite of their personality.
• PANSEXUAL: In Greek “pan” means “all”. Pansexual means being attracted to all gender identities, or attracted to
people regardless of gender.

• Source: the pbhcloset

IMPLEMENTATION

H
Implementation

 The issue of Section 377 was actually being raised by

people several times but unfortunately was rejected
every time.
First it was raised in 1991 :
A document with the experiences of gay people in India
was released by AIDS Bhedbhav Virodhi Andolan(ABVA)
ABVA was an organisation fighting discrimiNOVEMBER-
DECEMBER nation against those affected by HIV or AIDS.
May 1994: Controversy erupts after Kiran Bedi, inspector general of the Tihar jail
in Delhi, refuses to provide condoms (pdf) for inmates, saying it would
encourage homosexuality, besides admitting that inmates indulge in it. In
response, ABVA files a writ petition in the Delhi high court, demanding that free
condoms be provided and that section 377 be recognised as unconstitutional.
December 2001: The Naz Foundation, a sexual health NGO working with gay
men, files a public interest litigation (PIL) in the Delhi high court, challenging the
constitutionality of section 377 and calling for the legalisation of homosexuality.
September 2004: The Delhi high court dismisses the case, saying there is no
cause of action and that purely academic issues cannot not be examined by the
court. A review petition filed by the Naz Foundation is also dismissed a few
months later.
February 2006: After the Naz Foundation files a special leave petition for the case,
the supreme court reinstates it in the Delhi high court, citing the fact that it is an
issue of public interest. In the coming months, Voices Against 377, a coalition of
NGOs, joins the petition, while India’s ministry of home affairs files an affidavit
against the decriminalisation of homosexuality.
July 2009: In a landmark judgment, a Delhi high court bench consisting of chief
justice Ajit Prakash Shah and justice S Muralidhar decides to strike down section 377
, saying it violates the fundamental rights to life, liberty, and equality as enshrined
in the Indian constitution. But critics, including Suresh Kumar Koushal, a Delhi-based
astrologer, challenge the Delhi high court’s decision in the supreme court.
December 2013: The LGBTQ community suffers a significant blow when the
supreme court overturns the Delhi high court’s judgment, saying section 377 “does
not suffer from the vice of unconstitutionality and the declaration made by the
division bench of the high court is legally unsustainable.”
June 2016: Navtej Singh Johar, an award-winning Bharatanatyam dancer,
files a writ petition in the supreme court challenging section 377, along with four
other high-profile Indians, including chef Ritu Dalmia and hotelier Aman Nath.
August 2017: A nine-judge supreme court bench hearing petitions against India’s
biometric programme Aadhaar unanimously rules that
privacy is a fundamental right. In its judgment, the court also says, “Sexual
orientation is an essential attribute of privacy. Discrimination against an
individual on the basis of sexual orientation is deeply offensive to the dignity
and self-worth of the individual,” raising the hopes of those campaigning against
section 377.
July 2018: A five-judge bench of the supreme court, including chief justice Dipak
Misra, begins hearing the petitions filed by Johar and others against section 377.
While supporters of the law claim the spread of sexually transmitted diseases
and the disintegration of India’s social fabric as reasons to retain it, many of the
justices make encouraging comments. “It is not an aberration but a variation,”
justice Indu Malhotra says.
A central government affidavit leaves the
decision on the section’s constitutionality to the court’s wisdom. The supreme
court decides to reserve its verdict.
September 2018: In a unanimous verdict, the supreme court decides to scrap
section 377, which chief justice Misra describes as ”irrational, indefensible and
manifestly arbitrary,” marking a triumphant end to a lengthy struggle for justice.
 CRUSADERS THAT ARE THE
REASON WHY INDIA CAN NOW
LOVE FREELY
  

 
NAZ FOUNDATION

February
2005:
November
The organization Supreme
that fights for the 2009: Delhi December
September court of
rights of HIV high court 2013: February
November 2004: India set 2018 :
patients, was one described Decision of 2016:
of the first few 2001: Petition was aside the Supreme
section 377 HC was Curative
petitioners Timeline Petition was dismissed dismissal
as a overturned petition by
court hears
against section filed in delhi for lack of and ordered petition on
377 that violation of by the naz
criminalises high court. course of the Delhi section 377
the supreme foundation
same-sex action. high court to
fundamental court.
relationships. hear the
rights.
petition
again.
MANVENDRA SINGH GOHIL
Manvendra Singh Gohil came out to be
country’s first gay prince back in 2006

Gohil’s contribution to the LGBTQ

community

Opened up his 15 acre palace grounds to

help house vulnerable LGBT people.

He runs a charity, The Lakshya Trust

which works for the LGBT community.
RITU DALMIA

WE ARE NOT ASKING TO BE TREATED AS

A MINORITY, WE ARE NOT ASKING FOR
QUOTAS AND RESERVATIONS; ONLY
DIGNITY AND PRIVACY TO BE WHO WE
ARE.
 MENAKA GURUSWAMY AND
ARUNDHATI KATJU
The landmark judgement overturning 157 year old law was a
result of a long term campaign orchestrated by two amazing
public interest litigators, Arundhati Katju and Menaka
Guruswamy
VIKRAM SETH
 Vikram Seth is an Indian novelist and poet. His publications inlude ‘The
Suitable Boy’, ‘Mappings’ and children’s book ‘Beastly Tales’.
 In 2006, he became a leader of the campaign against Section 377 of the
Indian Penal Code, a law against sodomy.
 He, along with a group of activists, signed an open letter directed to the
Government of India and the Delhi High Court, asking it to repeal
Section 377 of the Indian Penal Code.
 His mother has written about Seth's homosexuality and her coming to
terms with it in her memoir.

“Even if you read 'Baburnama' - the book of founder of Mughal empire

Babur, you will see how there are fine descriptions of him being in love
with another man and how he speaks about it. It is very moving.
My love is right. Your love is wrong.”
Source: https://www.indiatoday.in
RADHIKA PIRAMAL
 Managing Director of VIP Industries, Radhika Piramal identified herself as
a lesbian at the age of 15.
 She is the first openly homosexual corporate leader.
 She got married to her spouse in London in 2011.
 She spoke on the LGBTQ community’s efforts to nullify section 377 of the
Indian Penal Code, which criminalises homosexuality.
 Radhika Piramal’s decision to declare her sexuality marked important
phase of India’s LGBTQ history
 Having come out, she says policies at the workplace can help give LGBT the
support they need.
 On May 23, 2018, she along with Nadir Godrej, Managing Director of
Godrej Industries, inaugurated the 9th edition of KASHISH Mumbai
International Queer Film Festival.
Source: economictime.com
 ARIF JAFAR

 Ali Jafar, LGBT activist, was arrested on 8 July 2001, along with four of his
colleagues at the Bharosa Trust, a community-based organisation that
provided information, counselling, outreach and peer support for
homosexual and transgender people.

Source: google.com

SWATI BARUAH
 Swati Baruah is the first transgender judge of Assam and northeast
India, and the third in India.
 Born as a boy, she underwent a sex reassignment surgery in 2012
and changed her name to Swati.
 Quoting her words,
“The capacity and capability of transgender people must be
recognized and they must be provided with ample opportunities to
ensure that they can lead a dignified life.” Source: lifebeyondnumbers.com
 ANJALI LAMA
 She is the first transgender model walked for Lakme Fashion week in 2017
 Since then she has walked for prominent designers as Manish Malhotra,
Abu Jani and Sandeep Khosla, Gaurav Gupta etc.
 In 2019, she bagged a campaign of Calvin Klein.

Source: femina.in
 INDIAN-PAKISTANI LESBIAN COUPLE GOT
MARRIED IN US

 An Indian-Pakistani lesbian couple, Bianca Maieli and Saima Ahmad got married in California
in early 2019.
 Bianca has an Indian origin while Saima is from Pakistan.
Source: metro.co.uk
Source: www.womensweb.in
• No binary System
• Kids who are confused learn from net and end up being more
confused
• Destroy the social stigma at a young age
• Parents to be included
• Please let us know if there’s more to it
 A recent study found that one of the major factors
that results in the stigmatization of LGBT people is
parental reaction towards homosexuality. The study
goes on to conclude that most LGBT people are
acceptable to family only if they agree to behave like
heterosexuals.
• In 2007, the government at the Centre, in association with the
Sahoo(name changed) says TV helped him through NACO, NCERT and UN agencies, announced the launch of the
days when he was too young to understand all that he Adolescence Education Programme (AEP) in all secondary and
was going through. In the absence of open higher secondary schools. Materials of the AEP included a
communication with his family, his role models Teachers’ Workbook, Reference Material, Facilitators’ Handbook
included characters from Modern Family and actor Jim and a Flip Chart.
Parsons (who plays Sheldon Cooper in The Big Bang
Theory).
• However, thirteen Indian states called for an immediate ban as
they felt that the explicit content designed to impart
comprehensive sexuality education under the AEP went against
Indian culture and morality. Where normal sexual relationships are
considered ‘immoral’ and homosexuality a disease, the findings of
the above research are hardly surprising or unexpected.
What it means to be gay in rural India By Vikas Pandey
BBC News, Delhi
Kiran Yadav, 30, eastern state of Bihar
I didn't know anything about section 377 until Thursday. I didn't even know that being
homosexual was criminal. I just knew that in rural Bihar, where I come from, I would
never be allowed to live as a lesbian woman.I am happy with the ruling, but it doesn't
help me. I can only hope that it starts a conversation that reaches rural India.I was 15
when I realised I was a lesbian. Since I was a little girl, I never liked girly clothes. I liked to
wear trousers and a shirt - like the boys in my village.
Not my fault I was born gay: 19-year-old commits
suicide over homophobia
Rahul Singh, 32, Bihar “Everyone knows I am a boy. But the way I walk, think
I welcome the ruling. But section 377 has never been a and talk is like a girl. People in India do not like that,”
problem for me. In my village, the police have never Avinshu posted on Facebook before killing himself.
harassed anybody because of it. It's society that troubles us.I
knew I was gay when I turned 16. Two years later, I got
married. I just couldn't tell my parents or my wife and
pretended to be normal. I have two sons now.

BBCnews.com
Delta App is building India’s first LGBT community and
networking space by Sachin Bhatia (Founder and ex-CMO
of MakeMyTrip), and Rahul Kumar, Co-founder of TrulyMadly.
One is the networking and the second component of the app is
offline aspect of community building called the delta network.
It is a LGBTQ network - inclusive and friendly businesses across
industries - to bring forward non-discriminatory entities and
drive firms towards LGBTQ-inclusive policies relating from LGBT-
friendly hotels, restaurants, brands, business and so on.
• India set to get first dedicated LGBT hiring consultancy
Bengaluru-based Diversity & Inclusion firm — Pride Circle — plans to
shatter some of these stereotypes via a dedicated wing which will look
at the job consultancy market for the LGBTIQ candidates