ABVA an NGO files petition in Delhi HC seeking repeal of Sec 377, after Tihar Male Inmates denied condoms; fails to follow through

PIL by Naz Foundation in Delhi HC seeks repeal of British-era Sec 377, around since 1862

2004-2008 Back and forth in courts

  • HC dismisses petition
  • Activists move SC, which asks it to reconsider
  • Centre plays for time; home, health ministries file contradictory affidavits
  • Centre submits gay sex is immoral, argues against decriminalization
  • HC shoots down ‘immoral’ argument. Calls for scientific evidence
  • Centre says Parliament must decide

JUL 2, 2009
Delhi HC decriminalizes homosexuality

Religious Groups individuals challenge SC’s decriminalization verdict

DEC 11, 2013
SC sets aside 2009 Delhi HC order, Leaves matter for Parliament to decide

Lok Sabha votes against introduction of private member’s Bill by Congress MP Shashi Tharoor to decriminalize homosexuality

 AUG 2017
SC upholds Right to privacy, says sexual orientation is an essential component of identity and the rights of LGBTQ persons are “real rights founded on sound constitutional doctrine”

JAN 2018
SC bench headed by Deepak Mishra says 2013 ruling to be reconsidered, sends it to larger bench

JUL 2018
SC says it’s up to bench to take a call on the 150-year-old ban on gay sex

SC decriminalizes homosexuality

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