Challenging the Anti Sodomy Law in India - Arvind Narrain

Story of a Continuing Struggle

Tags: India

The queer (1) struggle in India has had a complicated relationship with the law. Nothing
exemplifies this complexity better than the vexed relationship with the anti-sodomy law
in India, Sec 377 of the Indian Penal Code (IPC). Section 377 of the IPC came into force in
1860 as part of the criminal code which governs India even sixty years after independence.
Sec 377 reads: ‘Unnatural offenses: 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 offense described in this section.