GayBombay: Chronology of fight against Section 377

Thursday, July 02, 2009

Chronology of fight against Section 377

Headlines Today New Delhi, July 2, 2009

It was an eight-year-long legal tussle that concluded in the historic judgment of Delhi High Court decriminalising homosexuality.

Stages of this legal battle for gay rights:

* In 2001, NGO Naz Foundation filed a PIL in Delhi HC seeking legalisation of gay sex between consenting adults.

* Three years later, in September 2004, the court dismissed the PIL. A review petition was filed but that too was quashed by the court.

* The gay right activists approached Supreme Court, which in April 2006, remanded the case back to Delhi HC for reconsideration.

* Two years later, in September 2008, final arguments in the case began.

* The court pulled up the Centre for speaking in two voices on the homosexuality law after contradictory affidavits were filed by Health and Home ministries.

* Delhi HC in October 2008 told the government that the homosexual trait in a human being cannot be termed as a “disease”.

* In November 2008, government in its written submission before the court says judiciary should refrain from interfering in the issue as it was basically for Parliament to decide. The court reserved its verdict on petitions filed by gay rights activists seeking decriminalisation of homosexual acts.

* On July 2, 2009, Delhi High Court allowed plea of gay rights activists and legalises gay sex among consenting adults.

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