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Indian Journal of Forensic Medicine and Pathology

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Article 377 Indian Penal Code: A Medico-Legal journey of one and a Half Century

Hallikeri Vinay Rudrappa , Hallikeri Vinay Rudrappa , Prasad D. R. Mahadeshwara , Vijay Kumar A. G. , Shivanand Kadagoudar

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Indian Journal of Forensic Medicine and Pathology 4(2):p 87-92, April - June 2011. | DOI:

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Abstract

Lord Macaulay in 1860 introduced section 377 as part of Indian Penal Code; convictions under this law have been extremely rare. The Naz foundation, an activist group, filed public interest litigation in the Delhi High Court in 2001, seeking legalization of homosexual intercourse between consenting adults. In 2003, the Delhi High Court refused to consider a petition regarding the legality of the law. In 2006 it came under criticism from 100 Indian literary figures. On12th June 2009, India’s new Law Minister agreed that Section 377 might be outdated. Eventually, in a historic judgment delivered on 2 Jul 2009, Delhi High Court overturned the 150 year old section, legalizing consensual homosexual activities between adults. Till date there have been no grounds for the fulfillment of any criteria to place homosexuality as a disease or have any claims of finding genetic markers for homosexuality been replicated either. A lot has changed and a lot needs to be changed with regards to India’s stand on homosexuality and related aspects. “Any form of consensual sexual act between ‘humans’ of appropriate age and sound mental health under adequate conditions of privacy and safety” should be considered as “natural” and legal!

Key words: Homosexuality, Unnatural Sexual Offenses, Sec 377 Indian Penal Code, Kamasutra.

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