Homosexuality: Discussing the Issues in the Light of Indian Legal and Social System The research centers on the most controversial and stigmatized term 'homosexuality.' Introducing homosexuality is romantic or sexual attraction or behavior between people of the same sex. As a sexual orientation, homosexuality refers to an enduring pattern or disposition to experience sexual affection or romantic attractions primarily toward people of the same sex. It also refers to an individual's sense of personal and social identity based on these attractions, the behavior that expresses them, and membership in a community of others who share them. Say no to plagiarism. Get a tailor-made essay on "Why violent video games should not be banned"? Get an original essay Commonly used terms for homosexuals are "gay", "lesbian", "bisexual" or "transgender" and collectively known as name of LGBT people. . Homosexuality, believed to be of Western origin and culture, has swept India over the last ten years, with a striking force on our Indian society and culture. Homosexuality is considered a taboo subject, both by Indian civil society and by our legal system. Public debate about homosexuality has been inhibited by the fact that sexuality, in any form, is rarely discussed openly in our country. The attitude towards homosexuality is extremely negative, but the harsh reality is that homosexual behavior has always existed in India, sometimes in the form of being culturally sanctioned like the Hijras, and at other times in the invisibility and silence. Section 377 of the Indian Penal Code, 1860 criminalizes homosexual acts (both consensual and non-consensual). Many celebrities, both national and international, have also stood with homosexuals when it comes to supporting them for their basic rights.IntroductionLesbian, gay, bisexual and transgender people are more likely to be victims of violence. intolerance, discrimination, harassment and threat of violence due to their sexual orientation than those who identify as heterosexual. This is due to homophobia (fear or hatred of homosexuality). Some of the factors that can reinforce homophobia on a larger scale are the moral, religious and political beliefs of a dominant group. In some countries, homosexuality is illegal and punishable by fines, imprisonment, life imprisonment and even the death penalty. Human sexuality is experienced in diverse ways and can be fixed or fluid. Male/female sexuality is even more blurred with the existence of transgender, transsexual and intersex identified people. Heterosexuality should no longer be presumed; this assumption is called heterosexism. Although many societies have made significant progress in defending human rights, LGBT rights struggle to achieve universal acceptance. The fact that the Universal Declaration of Human Rights, written in 1948, does not specifically include sexual orientation allows some people to view LGBT rights as questionable. Influential international human rights organizations, such as Amnesty International and Human Rights Watch, continue to run effective campaigns. In the years to come, the major challenges for LGBT rights on a global scale will be: the eradication of persecution based on sexual orientation;legal protection against hate crimes and hate propaganda; equal rights and privileges (marriage, common law, medical decision-making, wills and inheritance, parenting and adoption) and to work and educate others on homophobia and heterosexism. They are targeted for physical attacks – beaten, sexually assaulted, tortured and killed. And in some 76 countries, discriminatory laws criminalize private, consensual same-sex relations – exposing individuals to the risk of arrest, prosecution, imprisonment – and even, in at least five countries, a death penalty. The concept of LGBTLGBT is an initialization which means lesbian, gay, bisexual and transgender. The initialization LGBT is intended to emphasize a diversity of cultures based on sexuality and gender identity and is sometimes used to refer to any non-heterosexual or non-cisgender person rather than exclusively to people who are lesbian, gay, bisexual or transgender. To recognize this inclusion, a popular variation adds the letter Q for those who identify as queer and/or question their sexual identity as LGBTQ, registered since 1996. Whether LGBT people identify openly or not may depend on whether they live in a discriminatory environment. the environment, as well as the status of LGBT rights where we live. Before the sexual revolution of the 1960s, there was no common non-pejorative vocabulary for non-heterosexuality; the closest term, "third gender", dates back to the 1860s but was never widely accepted in the United States. The first widely used term, homosexual, was seen as carrying negative connotations and tended to be replaced by homophile in the 1950s and 1960s, then gay in the 1970s. As lesbians formed more identities for themselves public, the expression “gay and lesbian” became more common. Lesbians who held a more essentialist view that they were born gay and used the descriptor "lesbian" to define sexual attraction, were often seen as separatist and angry views of lesbian feminists as harming the cause of gay rights . Soon, bisexual and transgender people also sought recognition as legitimate categories within the community at large. Societal attitudes toward homosexuality Societal attitudes toward homosexuality vary widely across cultures and historical periods, as do attitudes toward sexual desire, activity, and relationships. in general. All cultures have their own values regarding appropriate and inappropriate sexuality; some approve of same-sex love and sexuality, while others may partially disapprove of such activities. As with heterosexual behavior, different sets of prescriptions and prohibitions may be imposed on individuals based on their gender, age, social status, or social class. Many world cultures have, in the past, viewed procreative sex as part of a relationship recognized as a sexual norm – sometimes exclusively, and sometimes alongside norms of same-sex love, whether passionate, intimate or sexual. Some sects within certain religions, particularly those influenced by the Abrahamic tradition, have repeatedly censored homosexual acts and relationships, in some cases enforcing harsh punishments. Homophobic attitudes in society can manifest in the form of anti-LGBT discrimination, opposition to LGBT rights, anti-LGBT hate speech and violence againstLGBT people. Since the 1970s, much of the world has become more accepting of homosexual acts and relationships. . A 2017 book by Professor Amy Adamczyk, based on years of mixed methods research, shows that these cross-national differences in acceptance can be explained by three factors: the strength of democratic institutions, the level of economic development, and religious context places. The Pew Research Center's 2013 Global Attitudes Survey "reveals broad acceptance of homosexuality in North America, the European Union, and much of Latin America, but equally widespread rejection in predominantly Muslim countries and Africa, as well as parts of the world. Asia and Russia. The survey also reveals that “acceptance of homosexuality is particularly widespread in countries where religion has a less central place in people's lives. These countries are also among the richest countries in the world. In contrast, in poorer countries, where religiosity is high, few believe that homosexuality should be accepted by society. Age is also a factor in several countries, with younger respondents displaying much more tolerant views than older ones. And although gender differences are not widespread, in these countries, women are consistently more accepting of homosexuality than men. About Section 377 Section 377 of the IPC deals with “unnatural offences” and states that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punishable with imprisonment for life, or with imprisonment of either nature for a term which may extend to ten years, and shall also be liable to fine. » Chronology of Article 377: 1861: the year Article 377 was introduced. Article 377 was introduced by the British. India in the pre-independence era, modeled on the Buggery Act of 1533. This section of the Buggery Act was drafted by Thomas Macaulay in 1838 and came into force in 1860. This section defined " sodomy” as an unnatural sexual act against the will of God and man, thus criminalizing anal penetration, bestiality and homosexuality, in a broader sense. Skip to 2001: The Naz Foundation filed a petition against Section 377 in the Delhi High Court. Over time and years, Article 377 had triggered many controversies with activists challenging it in various ways. In 2001, the Naz Foundation filed a petition challenging the constitutionality of Section 377 in the Delhi High Court, as the law was older and was not valid in the 21st century. They sued to allow same-sex relations between consenting adults. 2003: Delhi HC rejects Naz Foundation's plea. In 2003, the Delhi High Court dismissed the petition filed by the Naz Foundation seeking a ban on Section 377. The High Court then said the body had no power in the matter. The Naz Foundation took the appeal further to the country's top court to dismiss the hearing. The Supreme Court thus ordered the Delhi High Court to re-examine the matter. 2009: In an iconic judgment, the Delhi High Court decriminalized homosexuality. In a landmark ruling, the Delhi High Court has decriminalized homosexuality between consenting adults, considering it a violation of Articles 14, 15 and 21 of the Constitution of India. The move was welcomed by activists and members of the LGBTQ community. 2012: Supreme Court sets aside Delhi HC order After landmark High Court judgmentof Delhi, various appeals were filed in the Supreme Court, challenging the power of the High Court to amend the law. Three years after the Delhi High Court's landmark decision in December 2012, the Supreme Court overturned the HC decision, after finding it "legally untenable". A two-judge bench of Justice GS Singhvi and Justice SJ Mukhopadhaya observed that the Delhi HC had overlooked the fact that a "tiny fraction of the country's population constitutes the LGBT community" and further 150 years, fewer than 200 people have been prosecuted for committing an offense under this article. The Supreme Court then recommended that Parliament should look into the matter as it alone had the power to amend existing laws and bring in a new law in the country. 2015: Shashi Tharoor's Private Member's Bill was voted against in Parliament. After the 2014 Lok Sabha elections, the government led by Narendra Modi was sworn in. They said they would take a decision on Section 377 only after the Supreme Court's ruling. In a written reply to the Lok Sabha, Minister of State (Home) Kiren Rijiju said, “The matter is referred to the Supreme Court. A decision regarding Section 377 of the IPC can be taken only after the delivery of the judgment of the Supreme Court. » A year later, when MP Shashi Tharoor introduced a private member's bill to decriminalize homosexuality, the Lok Sabha voted against it. The petitioners turn to SC seeking justice over Section 377. Five petitions have been filed by S Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur before the supreme court. The petition, all of which were filed by well-known LGBTQ activists, demanded their "rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, as well as the other fundamental rights guaranteed by Part III of the Constitution, are violated by Article 377." The 5 men and women who challenged the ban on homosexuality were all from different backgrounds.2018: dawn of a new era for Article 377 and the LGBTQ community In 2018, the apex court started hearing cases and petitions under Article 377. 377. A constitutional bench composed of five judges, headed by the judge in Chief of India Dipak Misra and comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, began hearing petitions challenging Section 377 and seeking its decriminalization. India welcomed the UN. the Supreme Court's decision to strike down a "key part" of Section 377 of the IPC that criminalizes "specific sexual acts between adults" and said the judgment would boost efforts to eliminate stigma and discrimination towards LGBTI people. He also hopes that this decision will be the first step towards guaranteeing all fundamental rights of LGBTI people. Bollywood celebrities such as Karan Johar, Sonam Kapoor, Farhan Akhtar and director Hansal Mehta, among others, have welcomed the Supreme Court's judgment on legalizing homosexuality. Here's how the Supreme Court's decision was welcomed by people from all walks of life: The path to decriminalizing homosexuality in India In a landmark decision, the Supreme Court finally struck down a 19th-century law criminalizing homosexuality in India. A bench comprising Chief Justice Dipak Misra and Justices DY Chandrachud, AM Khanwilkar, Indu Malhotra and Rohinton Fali Nariman began hearing petitions against Section 377 of the Indian Penal Code in July this year. On September 6,in a unanimous verdict, the court ruled that homosexuality is no longer a crime in India and that members of the LGBTQ community have the same sexual rights as any other citizen. “Article 377, insofar as it criminalizes sexual relations. “Acts between consenting adults, whether homosexual or heterosexual, are unconstitutional,” Chief Justice Misra and Justice Khanwilkar said in their judgment. The decision follows a prolonged struggle by activists and community members against the repressive law, introduced in 1861 when India was under British rule. He threatened imprisonment, even life imprisonment, and a fine for those who engaged in what he called "unnatural crimes" or sexual intercourse "against the order of nature." Here is a timeline of the battle against Section 377 in India, which began over 20 years ago: November-December 1991: A document detailing the experiences of homosexuals in India is published by AIDS Bhedbhav Virodhi Andolan ( ABVA), an organization fighting discrimination against people affected by HIV or AIDS. The 70-page report reveals the shocking scale of blackmail, extortion and violence gay people face, including at the hands of the police. The report calls for the repeal of legislation that discriminates against members of the LGBTQ community, including Section 377. But once released at the Press Club of India, the journalists are said to be so embarrassed that they will not raise the slightest question. May 1994: Controversy erupts after Kiran Bedi, inspector general of Tihar prison in Delhi, refused to provide condoms (pdf) to prisoners. detainees, claiming that this would encourage homosexuality, while admitting that detainees indulge in it. In response, ABVA filed a petition in the Delhi High Court, demanding that free condoms be provided and that Section 377 be declared unconstitutional. Despite long-term efforts to mobilize support, the petition was ultimately rejected in 2001. December 2001: The Naz Foundation, a sexual health NGO working with gay men, files a public interest litigation (PIL) before the Haute Delhi Court, challenging constitutionality. of article 377 and calling for the legalization of homosexuality. September 2004: The Delhi High Court dismisses the case, saying there is no cause of action and purely academic issues cannot be considered by the court. A request for review filed by the Naz Foundation was also rejected a few months later. February 2006: After the Naz Foundation filed a special leave petition for the case, the Supreme Court reinstated it before the Delhi High Court, citing the fact that it was a review petition filed by the Naz Foundation. matter of public interest. In the coming months, Voices Against 377, a coalition of NGOs, joined the petition, while India's Home Ministry filed an affidavit against the decriminalization of homosexuality. July 2009: In a landmark judgment, a Delhi High Court bench comprising Chief Justice Ajit Prakash Shah and Justice S Muralidhar decides to repeal Section 377, saying it violates fundamental rights to life, to the freedom and equality enshrined in the Indian Constitution. But critics, including Suresh Kumar Koushal, a Delhi-based astrologer, are challenging the Delhi High Court's decision in the Supreme Court. December 2013: The LGBTQ community suffers a major blow when the Supreme Court overturns the judgment of the Delhi High Court, saying that Section 377 "does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High Court.

Essay / Homosexuality: Discussing the Issues in the Light of Indian Legal and Social System The research centers on the most controversial and stigmatized term 'homosexuality.' Introducing homosexuality is romantic or sexual attraction or behavior between people of the same sex. As a sexual orientation, homosexuality refers to an enduring pattern or disposition to experience sexual affection or romantic attractions primarily toward people of the same sex. It also refers to an individual's sense of personal and social identity based on these attractions, the behavior that expresses them, and membership in a community of others who share them. Say no to plagiarism. Get a tailor-made essay on "Why violent video games should not be banned"? Get an original essay Commonly used terms for homosexuals are "gay", "lesbian", "bisexual" or "transgender" and collectively known as name of LGBT people. . Homosexuality, believed to be of Western origin and culture, has swept India over the last ten years, with a striking force on our Indian society and culture. Homosexuality is considered a taboo subject, both by Indian civil society and by our legal system. Public debate about homosexuality has been inhibited by the fact that sexuality, in any form, is rarely discussed openly in our country. The attitude towards homosexuality is extremely negative, but the harsh reality is that homosexual behavior has always existed in India, sometimes in the form of being culturally sanctioned like the Hijras, and at other times in the invisibility and silence. Section 377 of the Indian Penal Code, 1860 criminalizes homosexual acts (both consensual and non-consensual). Many celebrities, both national and international, have also stood with homosexuals when it comes to supporting them for their basic rights.IntroductionLesbian, gay, bisexual and transgender people are more likely to be victims of violence. intolerance, discrimination, harassment and threat of violence due to their sexual orientation than those who identify as heterosexual. This is due to homophobia (fear or hatred of homosexuality). Some of the factors that can reinforce homophobia on a larger scale are the moral, religious and political beliefs of a dominant group. In some countries, homosexuality is illegal and punishable by fines, imprisonment, life imprisonment and even the death penalty. Human sexuality is experienced in diverse ways and can be fixed or fluid. Male/female sexuality is even more blurred with the existence of transgender, transsexual and intersex identified people. Heterosexuality should no longer be presumed; this assumption is called heterosexism. Although many societies have made significant progress in defending human rights, LGBT rights struggle to achieve universal acceptance. The fact that the Universal Declaration of Human Rights, written in 1948, does not specifically include sexual orientation allows some people to view LGBT rights as questionable. Influential international human rights organizations, such as Amnesty International and Human Rights Watch, continue to run effective campaigns. In the years to come, the major challenges for LGBT rights on a global scale will be: the eradication of persecution based on sexual orientation;legal protection against hate crimes and hate propaganda; equal rights and privileges (marriage, common law, medical decision-making, wills and inheritance, parenting and adoption) and to work and educate others on homophobia and heterosexism. They are targeted for physical attacks – beaten, sexually assaulted, tortured and killed. And in some 76 countries, discriminatory laws criminalize private, consensual same-sex relations – exposing individuals to the risk of arrest, prosecution, imprisonment – and even, in at least five countries, a death penalty. The concept of LGBTLGBT is an initialization which means lesbian, gay, bisexual and transgender. The initialization LGBT is intended to emphasize a diversity of cultures based on sexuality and gender identity and is sometimes used to refer to any non-heterosexual or non-cisgender person rather than exclusively to people who are lesbian, gay, bisexual or transgender. To recognize this inclusion, a popular variation adds the letter Q for those who identify as queer and/or question their sexual identity as LGBTQ, registered since 1996. Whether LGBT people identify openly or not may depend on whether they live in a discriminatory environment. the environment, as well as the status of LGBT rights where we live. Before the sexual revolution of the 1960s, there was no common non-pejorative vocabulary for non-heterosexuality; the closest term, "third gender", dates back to the 1860s but was never widely accepted in the United States. The first widely used term, homosexual, was seen as carrying negative connotations and tended to be replaced by homophile in the 1950s and 1960s, then gay in the 1970s. As lesbians formed more identities for themselves public, the expression “gay and lesbian” became more common. Lesbians who held a more essentialist view that they were born gay and used the descriptor "lesbian" to define sexual attraction, were often seen as separatist and angry views of lesbian feminists as harming the cause of gay rights . Soon, bisexual and transgender people also sought recognition as legitimate categories within the community at large. Societal attitudes toward homosexuality Societal attitudes toward homosexuality vary widely across cultures and historical periods, as do attitudes toward sexual desire, activity, and relationships. in general. All cultures have their own values regarding appropriate and inappropriate sexuality; some approve of same-sex love and sexuality, while others may partially disapprove of such activities. As with heterosexual behavior, different sets of prescriptions and prohibitions may be imposed on individuals based on their gender, age, social status, or social class. Many world cultures have, in the past, viewed procreative sex as part of a relationship recognized as a sexual norm – sometimes exclusively, and sometimes alongside norms of same-sex love, whether passionate, intimate or sexual. Some sects within certain religions, particularly those influenced by the Abrahamic tradition, have repeatedly censored homosexual acts and relationships, in some cases enforcing harsh punishments. Homophobic attitudes in society can manifest in the form of anti-LGBT discrimination, opposition to LGBT rights, anti-LGBT hate speech and violence againstLGBT people. Since the 1970s, much of the world has become more accepting of homosexual acts and relationships. . A 2017 book by Professor Amy Adamczyk, based on years of mixed methods research, shows that these cross-national differences in acceptance can be explained by three factors: the strength of democratic institutions, the level of economic development, and religious context places. The Pew Research Center's 2013 Global Attitudes Survey "reveals broad acceptance of homosexuality in North America, the European Union, and much of Latin America, but equally widespread rejection in predominantly Muslim countries and Africa, as well as parts of the world. Asia and Russia. The survey also reveals that “acceptance of homosexuality is particularly widespread in countries where religion has a less central place in people's lives. These countries are also among the richest countries in the world. In contrast, in poorer countries, where religiosity is high, few believe that homosexuality should be accepted by society. Age is also a factor in several countries, with younger respondents displaying much more tolerant views than older ones. And although gender differences are not widespread, in these countries, women are consistently more accepting of homosexuality than men. About Section 377 Section 377 of the IPC deals with “unnatural offences” and states that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punishable with imprisonment for life, or with imprisonment of either nature for a term which may extend to ten years, and shall also be liable to fine. » Chronology of Article 377: 1861: the year Article 377 was introduced. Article 377 was introduced by the British. India in the pre-independence era, modeled on the Buggery Act of 1533. This section of the Buggery Act was drafted by Thomas Macaulay in 1838 and came into force in 1860. This section defined " sodomy” as an unnatural sexual act against the will of God and man, thus criminalizing anal penetration, bestiality and homosexuality, in a broader sense. Skip to 2001: The Naz Foundation filed a petition against Section 377 in the Delhi High Court. Over time and years, Article 377 had triggered many controversies with activists challenging it in various ways. In 2001, the Naz Foundation filed a petition challenging the constitutionality of Section 377 in the Delhi High Court, as the law was older and was not valid in the 21st century. They sued to allow same-sex relations between consenting adults. 2003: Delhi HC rejects Naz Foundation's plea. In 2003, the Delhi High Court dismissed the petition filed by the Naz Foundation seeking a ban on Section 377. The High Court then said the body had no power in the matter. The Naz Foundation took the appeal further to the country's top court to dismiss the hearing. The Supreme Court thus ordered the Delhi High Court to re-examine the matter. 2009: In an iconic judgment, the Delhi High Court decriminalized homosexuality. In a landmark ruling, the Delhi High Court has decriminalized homosexuality between consenting adults, considering it a violation of Articles 14, 15 and 21 of the Constitution of India. The move was welcomed by activists and members of the LGBTQ community. 2012: Supreme Court sets aside Delhi HC order After landmark High Court judgmentof Delhi, various appeals were filed in the Supreme Court, challenging the power of the High Court to amend the law. Three years after the Delhi High Court's landmark decision in December 2012, the Supreme Court overturned the HC decision, after finding it "legally untenable". A two-judge bench of Justice GS Singhvi and Justice SJ Mukhopadhaya observed that the Delhi HC had overlooked the fact that a "tiny fraction of the country's population constitutes the LGBT community" and further 150 years, fewer than 200 people have been prosecuted for committing an offense under this article. The Supreme Court then recommended that Parliament should look into the matter as it alone had the power to amend existing laws and bring in a new law in the country. 2015: Shashi Tharoor's Private Member's Bill was voted against in Parliament. After the 2014 Lok Sabha elections, the government led by Narendra Modi was sworn in. They said they would take a decision on Section 377 only after the Supreme Court's ruling. In a written reply to the Lok Sabha, Minister of State (Home) Kiren Rijiju said, “The matter is referred to the Supreme Court. A decision regarding Section 377 of the IPC can be taken only after the delivery of the judgment of the Supreme Court. » A year later, when MP Shashi Tharoor introduced a private member's bill to decriminalize homosexuality, the Lok Sabha voted against it. The petitioners turn to SC seeking justice over Section 377. Five petitions have been filed by S Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur before the supreme court. The petition, all of which were filed by well-known LGBTQ activists, demanded their "rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, as well as the other fundamental rights guaranteed by Part III of the Constitution, are violated by Article 377." The 5 men and women who challenged the ban on homosexuality were all from different backgrounds.2018: dawn of a new era for Article 377 and the LGBTQ community In 2018, the apex court started hearing cases and petitions under Article 377. 377. A constitutional bench composed of five judges, headed by the judge in Chief of India Dipak Misra and comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, began hearing petitions challenging Section 377 and seeking its decriminalization. India welcomed the UN. the Supreme Court's decision to strike down a "key part" of Section 377 of the IPC that criminalizes "specific sexual acts between adults" and said the judgment would boost efforts to eliminate stigma and discrimination towards LGBTI people. He also hopes that this decision will be the first step towards guaranteeing all fundamental rights of LGBTI people. Bollywood celebrities such as Karan Johar, Sonam Kapoor, Farhan Akhtar and director Hansal Mehta, among others, have welcomed the Supreme Court's judgment on legalizing homosexuality. Here's how the Supreme Court's decision was welcomed by people from all walks of life: The path to decriminalizing homosexuality in India In a landmark decision, the Supreme Court finally struck down a 19th-century law criminalizing homosexuality in India. A bench comprising Chief Justice Dipak Misra and Justices DY Chandrachud, AM Khanwilkar, Indu Malhotra and Rohinton Fali Nariman began hearing petitions against Section 377 of the Indian Penal Code in July this year. On September 6,in a unanimous verdict, the court ruled that homosexuality is no longer a crime in India and that members of the LGBTQ community have the same sexual rights as any other citizen. “Article 377, insofar as it criminalizes sexual relations. “Acts between consenting adults, whether homosexual or heterosexual, are unconstitutional,” Chief Justice Misra and Justice Khanwilkar said in their judgment. The decision follows a prolonged struggle by activists and community members against the repressive law, introduced in 1861 when India was under British rule. He threatened imprisonment, even life imprisonment, and a fine for those who engaged in what he called "unnatural crimes" or sexual intercourse "against the order of nature." Here is a timeline of the battle against Section 377 in India, which began over 20 years ago: November-December 1991: A document detailing the experiences of homosexuals in India is published by AIDS Bhedbhav Virodhi Andolan ( ABVA), an organization fighting discrimination against people affected by HIV or AIDS. The 70-page report reveals the shocking scale of blackmail, extortion and violence gay people face, including at the hands of the police. The report calls for the repeal of legislation that discriminates against members of the LGBTQ community, including Section 377. But once released at the Press Club of India, the journalists are said to be so embarrassed that they will not raise the slightest question. May 1994: Controversy erupts after Kiran Bedi, inspector general of Tihar prison in Delhi, refused to provide condoms (pdf) to prisoners. detainees, claiming that this would encourage homosexuality, while admitting that detainees indulge in it. In response, ABVA filed a petition in the Delhi High Court, demanding that free condoms be provided and that Section 377 be declared unconstitutional. Despite long-term efforts to mobilize support, the petition was ultimately rejected in 2001. December 2001: The Naz Foundation, a sexual health NGO working with gay men, files a public interest litigation (PIL) before the Haute Delhi Court, challenging constitutionality. of article 377 and calling for the legalization of homosexuality. September 2004: The Delhi High Court dismisses the case, saying there is no cause of action and purely academic issues cannot be considered by the court. A request for review filed by the Naz Foundation was also rejected a few months later. February 2006: After the Naz Foundation filed a special leave petition for the case, the Supreme Court reinstated it before the Delhi High Court, citing the fact that it was a review petition filed by the Naz Foundation. matter of public interest. In the coming months, Voices Against 377, a coalition of NGOs, joined the petition, while India's Home Ministry filed an affidavit against the decriminalization of homosexuality. July 2009: In a landmark judgment, a Delhi High Court bench comprising Chief Justice Ajit Prakash Shah and Justice S Muralidhar decides to repeal Section 377, saying it violates fundamental rights to life, to the freedom and equality enshrined in the Indian Constitution. But critics, including Suresh Kumar Koushal, a Delhi-based astrologer, are challenging the Delhi High Court's decision in the Supreme Court. December 2013: The LGBTQ community suffers a major blow when the Supreme Court overturns the judgment of the Delhi High Court, saying that Section 377 "does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High Court.

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