Decriminalization of Homosexuality

Abstract

s. 377 - Unnatural Offences “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.” Section 377 of the Indian Penal Code criminalizes several sexual activities such as homosexual acts. It was introduced more than a century ago during the British rule in India. In spite of being decriminalized by High Court once, the Supreme Court of India overturned the decision stating that it can be only be decriminalized by the legislature. This is a paper that analyses the arguments in favor of as well as the arguments against the decriminalization of Homosexuality in India. The paper will also scrutinize some facts about Homosexuality and will finally arrive at the conclusion that it is fair to decriminalize Homosexuality.