Section 377: All You Need To Know

Section 377 of the Indian Penal Code states, "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman 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." Simply put, Section 377 is an archaic law that was introduced during the British era in 1860s and makes gay sex a crime for which the punishment can be a life term.

This also has implications for heterosexuals, as consensual sexual acts of adults - oral and anal sex in private - are currently treated as unnatural and punishable under Section 377 of the Indian Penal Code.

In 2009, the Delhi High Court had described Section 377 as a violation of the fundamental rights guaranteed by the constitution. Religious groups, however, had appealed against the decision in the Supreme Court.

In 2013, the Supreme Court cancelled the Delhi high court order and re-criminalised homosexuality. It said that it was the job of the parliament to decide on scrapping laws.
The decision that gay sex is a criminal offense was seen as a major setback for human rights and was also widely criticized. While prosecutions under section 377 have been rare, activists have said that the police used the law to harass and intimidate members of the LGBT community.