Hijdas -Sodomy Laws
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India
Statute: Chap. XVI, Sec. 377
Penalty: 10 years/fine
Restrictions: None
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Statute
"Unnatural offences 377. 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.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section."
Comment: This section is intended to punish the offence of sodomy, buggery and bestiality. The offence consists in a carnal knowledge committed against the order of nature by a person with a man, or in the same unnatural manner with a woman, or by a man or woman in any manner with an animal.
Cases and Sentence: In a recent case where a highly educated person committed this offence, the Supreme Court having regard to his loss of service and other consequences to his career following the offence let him off with a sentence of two months' imprisonment. In yet another case the Supreme Court reduced the sentence of the accused to six months' imprisonment as the accused while committing sodomy did not use force on the boy. In a case of Himachal Pradesh where a truck driver twice committed sodomy on a boy in his truck, a sentence of one year's imprisonment and a fine of Rs. 500.00 were imposed on the accused.
It thus appears that unlike rape the actual sentence imposed under this section is not usually heavy."
("Situation of Homosexuals in India - report for the Swedish Embassy by a Delhi law firm - Swedish Foreign Office/RFSL survey)
This Section is held to prohibit oral intercourse as well. (PB)
Section 294 of the Penal Code, which penalizes any kind of "obscene behaviour in public", is also used against gay men. (Spartacus)
In 1995 the organization AIDS Bedbhav Virodhi Andolan has filed a petition with the Delhi High Court challenging the constitutionality of Penal Code Section 377. A final hearing is expected during 1998. (CSSSM 20/1/98)
"Section 377 of the Indian Penal Code criminalises male to male sex with up to 10 years imprisonment. One of the consequences of this is to make it very difficult for males who have sex with males to access sexual health services because their behaviour is against the law and through this accessing makes them visible. It further makes the availability of sexual health services for prisoners difficult.
The second issue, and related to the first, is the high level of reported harassment and violence directed towards males who have sex with males both by police and members of the general public. Very often there will be a demand for sex and/or money. Reporting of these incidents is obviated by Section 377, and further compounded by the unsympathetic and sometimes violent attitudes of the police." (Sexual health workshops in Bangladesh and India for males who have sex with males)
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Gay and transgender people marched in Calcutta this June to commemorate the 1969 Stonewall riots in New York, widely considered the beginning of the gay rights movement. (Bikas Das/ Associated Press)
News
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In India, where being gay is a crime, a royal son was shunned when he told his secret. Now he fights to change the law and public mind-set.
Almost 40% Of Indian Men Have Had Gay Sex - by The Associated Press in 365Gay.com, November 6, 2006
"Hateful" Anti-Gay Law Must Go: Indian Govt Agency - Reuters.com, September 27, 2006
A British colonial era law in India that criminalizes homosexuality is "not acceptable" and scrapping it is "fundamental" to the fight against AIDS, the country's top official leading efforts to end the disease said.
Anti-Gay Laws in India Causing Split Among Young People; Indian Elite Join Pro-Gay Fight - 247Gay.com, September 26, 2007
A campaign to repeal an Indian law that makes homosexuality a crime has split young people in New Delhi and Mumbai, with about half of them in favor of scrapping the legislation, according to a survey published Monday.
India's Young People Inclined to Scrap Gay Ban - Associated Press in Gay.com, September 25, 2006
Elite in India Campaigning Against Antigay Legislation - Boston Globe, September 24, 2006
Amid a climate of growing sexual tolerance in urban India, a campaign to force the government to decriminalize homosexuality is gaining momentum.
MPs Will Now Be Educated on Gay Rights - Daily News and Analysis India, September 19, 2006
The gay movement that has recently gained momentum with the ‘open letter’ drafted by author Vikram Seth and signed by the likes of Soli Sorabji and Amartya Sen, is now aiming at garnering support from Members of Parliament and educating them on the subject of homosexuality.
India's Gay Prince Has a Happy Birthday - The Advocate, September 18, 2006
India's Prince Manvendra Singh Gohil celebrated his birthday Sunday in his customary fashion -- by holding a music and arts festival in his family's Rajpipla palace -- having largely patched up months of family strife sparked when he came out in the media as gay, the Times of India reported.
India's Lliterary Elite Call for Anti-Gay Law to be Scrapped - The Guardian, September 18, 2006
Academics join 100-plus signatories to open letter. Nobel and Booker winners condemn 'colonial' bigotry.
India Notables Condemn Sodomy Law - 365Gay.com, September 17, 2006
‘Dump Anti-Gay Law’ - Reuters in Daily News and Analysis India, September 16, 2006
Notables Urge India to End 145-Year Ban on Gay Sex - New York Times, September 16, 2006
India's Anti-Gay Law Faces Challenge - International Herald Tribune, September 15, 2006
Amid a climate of growing sexual tolerance within urban India, a campaign to force the government to decriminalize homosexuality is rapidly gaining momentum.
Indian Director Wants New Film to Raise Debate About Homosexuality - The Advocate, September 12, 2006
Well-known Indian actor-turned-director Amol Palekar says his new film Quest focuses on a taboo topic in India: homosexuality. Palekar's film opens with a wife learning her husband is in a gay relationship, he told the Mumbai Mirror newspaper in an interview published Monday.
Gay Indian Prince to Become a Dad - 365Gay.com, August 29, 2006
Indian Prince Manvendra Singh Gohil, believed to be the only openly gay royal in the world, has announced he is adopting a child.
Indian Prince Speaks Out About Decision to Disinherit Gay Son - 365Gay.com, August 6, 2006
For the first time the head of one of India's princely families is speaking out publicly about his decision to disown his only son and heir after he came out.
India May Decriminalise Gay Sex - Gay.com UK, August 3, 2006
The Indian High Court in Delhi is considering a plea from the country’s main HIV prevention organisation to scrap laws criminalising sex between men, after a survey found that eight per cent of Indian men who have had sex with men had HIV – eight times the national average.
Indian AIDS Group Wants Homosexuality Decriminalized - The Advocate, July 22, 2006
India’s official HIV/AIDS control body announced on Wednesday that it is backing demands by gay rights groups that homosexuality be legalized across the country. The National AIDS Control Organization said that making gay sex a crime is forcing new infections underground and hampering its efforts to curb the spread of HIV.
India Rethinks Gay Sex - Gay.com UK, July 21, 2006
The gay rights movement in India may be given a boost if the National AIDS Control Organisation continues to successfully lobby the government.
India HIV Group Backs Gay Rethink - BBC News, July 20, 2006
Campaigners want the law to be overturned The Indian government's HIV/Aids control body has backed calls for homosexuality to be legalised.
Government Agency Calls for End to India's Sodomy Law - 365Gay.com, July 20, 2006
India's National Aids Control Organization says it would be more effective in fighting HIV/AIDS if the government abolished the law against sodomy.
Gay Prince Loses Inheritance - News AU.com, July 7, 2006
Bi Today, Gay Tomorrow? The Times of India Wonders - Pink News, July 6, 2006
The Times of India has published an extraordinary story today, about the benefits of bisexuality.
Gay Prince Comes Out of Closet; Dispossessed - ShortNews.com, June 30, 2006
The heir to a wealthy royal family in India, Prince Manvendrasinh Gohil has been disowned by his family for telling them he's gay. He told his parents in 2002 after suffering from a nervous breakdown, and his decision to go public was the last straw.
Family Disowns Son for Being Gay - Independent Online, June 25, 2006
The son of a former royal family in India said Sunday he has been disinherited for admitting he is gay.
Prince Manvendrasinh Gohil belongs to a family which once ruled the princely state of Rajpipla in the western state of Gujarat.
We’re Gay, Can We Migrate? - Daily News and Analysis India, June 5, 2006
Court Issues Notice to NACO, Delhi Government on Gay Issue - Indo Asian News Service, April 5, 2006
Court Order on Gay Relationship Now a Precedent - Times of India, March 30, 2006
Chennai Gets First Gay-Club of India - newKerala.com, March 19, 2006
Police Hold Lesbians Who "Eloped" - PlanetOut, March 10, 2006
Cops Track Down Lesbian Couple - Times of India, March 8, 2006
Indian Court Orders Reconsideration of Gay Sex Ban - IN Newsweekly, February 15, 2006
Indian Gay Ban May be Reversed - PinkNews, February 14, 2006
A Ray of Hope for Gay Rights Activists - DNA India, February 6, 2006
Gay Community Hails Supreme Court Decision - Times of India, February 4, 2006
India May Repeal Anti-Gay Sex Laws - 365Gay.com, February 3, 2006
Cops Expose 'Gay Abandon' - Times of India, February 1, 2006
Attitudes, and the Law, Keep India's Gays Quiet - International Herald Tribune, January 19, 2006
Tension Boils Over Online Gay Club in UP - Newindpress, January 13, 2006
Activists Demand Release of Gay Men Detained by Indian Police - The Advocate, January 13, 2006
Protests Mount in India Over Arrest of Gay Men - Reuters UK, January 12, 2006
UN Condemns India's Treatment of Gays - 365Gay.com, January 12, 2006
Homosexuality, a Crime as Heinous as Murder - Newindpress, January 11, 2006
Anger at 'Shameful' India Gay Law - BBC News, January 11, 2006
India's homosexuality laws threaten human rights and encourage the spread of HIV, a rights watchdog says.
Arrest of Gay Men in North India Stirs Anger - Reuters, January 11, 2006
UK Gays Angry with UP Police - HindustanTimes.com, January 11, 2006
Gay Club Running on Net Unearthed - Times of India, January 5, 2006
India Enlists Barbers In Fight Against HIV/AIDS - 365Gay.com, December 27, 2005
Indian Lesbian Couple Weds - 365Gay.com, July 30, 2005
SC Notice on Homosexuals - The Telegraph, April 2, 2005
Why is Gay Sex Illegal, Asks SC - Times of India, April 2, 2005
Notice to Centre on Plea to Legalise Homosexuality - The Hindu, April 1, 2005
India Lesbians Wed - 365Gay.com, February 27, 2005
Gay Man in India Beheaded - Gay City News, February 3, 2005
India Rejects Challenge to Anti-Gay Law - Gay.com UK, January 5, 2005
Lesbians Defy Indian Law - Gay.com UK, December 20, 2004
Charges Dismissed Against Indian Lesbian Couple - 365Gay.com, December 15, 2004
Indian Culture Keeps Many in the Closet - November 29, 2004
India Upholds Jail Sentences for Gays - November 3, 2004
Homosexuality is Punishable: HC - November 3, 2004
Gay in India, Activists Brace for a Long Battle - October 18, 2004
No Place to Be Gay - October 17, 2004
India Rejects Challenge to Anti-Gay Law - September 6, 2004
Indian Activists to Challenge Anti-Gay Ruling - September 5, 2004
Indian High Court Dismisses Sodomy Law Challenge - September 4, 2004
India’s Supreme Court Refuses to Overturn Sodomy Laws - September 3, 2004
High Court Rejects Plea to Make Homosexuality Legal - September 3, 2004
India’s Highest Court Says no Grounds for Legalizing Homosexual Acts - September 2, 2004
India Court Rejects Gay Petition - September 2, 2004
Gays in India and an Antiquated Law - August 26, 2004
Sri Lanka’s Gays Join South Asian Fight for Rights - July 9, 2004
With Homosexuality Illegal, Gays Suffer AIDS Silently - July 5, 2004
AIDS Denial Leading to Crisis in India - July 4, 2004
Pro-Gay Movement Gathers Steam in India - July 2, 2004
Activists Demand Gay Rights, Law Repeal - July 1, 2004
Indian Cinemas Pull Lesbian Film - June 17, 2004
Now, Gay Activists Frown on ‘Girlfriend’ - June 16, 2004
Lesbian-Themed Film in India Stirs Anger - June 15, 2004
Anti-Gay Extremists Torch Theater Playing Lesbian Film - June 14, 2004
Hindu Mobs Attack Indian Cinemas Over Lesbian Film - June 14, 2004
The Shadow Citizens - May, 2004
India’s Gay Community to Fight Fast Spread of AIDS - January 13, 2004
Film Fest With a Difference - January 4, 2004
Indian Society: Out of the Closet and on a New High - December 27, 2003
City Homosexuals to March for Their Rights - December 1, 2003
Gay Rights NGOs Unite Against Archaic Laws - October 26, 2003
India Film Festival Examines Homophobia - October 19, 2003
India’s First Gay Film Festival Highlights Growing LGBT Visibility - October 19, 2003
Sexual Minorities Put Up United Front - October 18, 2003
Mumbai Gays Against Centre’s Stance - September 15, 2003
Gays Pressure India Over Anti-Gay Law - September 15, 2003
‘Homosexuality Okay if Practised in Private’ - September 14, 2003
No ‘Unnatural’ Sex Please, We Are Indians! - September 11, 2003
India’s Gays See Small Improvement in Cultural Outlets - September 10, 2003
India Court Petitioned on Sodomy Law - September 10, 2003
Life Sentences Necessary “To Control Homosexuality” India Says - September 9, 2003
Centre Says Being Gay Will Remain a Crime, Its Reason: Our Society Doesn’t Tolerate It - September 8, 2003
Coming Out - July 27, 2003
India’s Sexual Minorities - July 27, 2003
Kolkata Activists Highlight Gay Issues - July 23, 2003
‘Kids at Risk if Homosexuality Is Legalised’ - February 2, 2003
Indians Challenge Anti-Gay Laws - January 21, 2003
India Ordered to Clarify Antigay Laws - January 17, 2003
Court Challenges India's Anti-Gay Law - January 16, 2003
India Court: Govt Must Clarify Stand On Gay Relations - January 16, 2003
Gay Wedding Puts Spotlight on Indian Laws - January 7, 2003
Closet Drama - October 3, 2002
Court Challenges India on Gay Sex Laws - August 27, 2002
India Considers Abolishing Sodomy Laws - June 27, 2002
India Examines Abolishing Anti-Gay Laws - June 25, 2002
Minority Gays Create a Voice for Unserved Community - June 2, 2002
Govt Seeks Time to Reply on PIL Making Gay Relation Legal PTI - April 23, 2002
UN Human Rights Commission Opens Doors to Sexual Minorities Government of India Condemned - April 11, 2002
Abuses Against Sexual Minorities in India Denounced at the UN - April 8, 2002
Two Gay Judges Urge Liberalisation of Gay Sex Laws in India - January 9, 2002
Indian Government Sued Over Gay Sex Ban - December 17, 2001
Gay Rights Group Challenges India’s Sodomy Law - December 10, 2001
Indian Gay Suit Seeks to Decriminalize Gay Sex - December 8, 2001
Eight Detained in Raid of Gay Clubs in India - July 11, 2001
Gays Evoke Violent Reactions in US - October 15, 2000
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Editorials
Time to Break Shackles - By Saleem Kidwai in Outlook India, April 16, 2005
Grow Up - Letter to the editor in The Telegraph, April 11, 2005
What Is Nature? - The Telegraph, April 4, 2005
Society’s Not in a Gay Mood - By Dominic Emmanuel, spokesman of the Delhi Catholic Archdiocese, in the Express India, September 30, 2004
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Alert
Sodomy, Obscenity Charges Formally Filed in Trial of ‘Lucknow Four’: Call for Letters of Protest Renewed - December 18, 2001
‘Lucknow Four’ Freed! - August 17, 2001
India: Demand the Immediate Release of HIV/AIDS Prevention Workers Detained Under Sodomy and Obscenity Laws - July 25, 2001
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