Section 377

Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. It has also been used to criminalize third gender people, such as the apwint in Malaysia.[1][2] It remains in force in many former colonies, while others have repealed it.

History

Although Section 377 did not explicitly include the word homosexual, it has been used to prosecute homosexual activity. The provision was introduced by authorities in the Raj in 1860 as Section 377 of the Indian Penal Code and functioned as the legal impetus behind the criminalization of what was referred to as, "unnatural offenses" throughout the various colonies, in several cases with the same section number.[3][1][2]

Although most colonies have since gained independence through statehood since Section 377 was implemented, it remains in the penal codes of Malaysia, Singapore (see Section 377A of the Penal Code of Singapore), Pakistan, Bangladesh, Myanmar, and Jamaica.[4]

Text

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. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.[3]

Repeal efforts

In 2018, after decades of grassroots activism, the application of section 377 of the Indian Penal Code to private consensual sex between men was ruled unconstitutional by India's Supreme Court, effectively decriminalizing private homosexual activity.[1][5]

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See also

References
  1. McCann, Hannah; Monaghan, Whitney (2020). Queer Theory Now. Red Globe Press. p. 163. ISBN 9781352007510.
  2. Chua, Lynette J.; Gilbert, David (2016). "State violence, human-rights violations and the case of apwint of Myanmar". Gender, Violence and the State in Asia. Taylor & Francis. ISBN 9781317325949.
  3. Stoddard, Eve; Collins, John (2016). Social and Cultural Foundations in Global Studies. Taylor & Francis. p. 135. ISBN 9781317509776.
  4. Elliott, Josh (6 September 2018). "India legalized homosexuality, but many of its neighbours haven't". Global News. Retrieved 9 October 2018.
  5. "India Just Decriminalized Gay Sex". BuzzFeed News. Retrieved 2018-09-06.
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