Decriminalization of Section 377: The Attitude of the Indian Society towards Homosexuality

Aishwarya Gandham
J.C. College of Law, Guntur Andhra Pradesh, India

Volume I, Issue IV, 2018

In light of the recent Supreme Court ruling on Section 377 of IPC[1], this article explores the concept of homosexuality and gives an idea about the arbitrary, irrational colonial era law, the penal punishment given and the numerous constitutional rights that have been encroached. It highlights the observations of the five judge bench of the Supreme Court and also traces the legal battle regarding this particular section from the first attempt made to question the constitutional validity and takes the judgments by the Supreme Court judges in the case of Navtej Singh Johar and Ors. v. Union of India[2] as its base and explores the legal, moral, ethical and social restrictions posed on the LGBT community. It further explores the history of homosexuality in India before the British colonization and mainly concentrates on the attitude of the Indian society towards the LGBT community after the judgment and their preconceived notions and rigid stereotypes. It talks about the acceptance from the society, peers and more prominently from the family. It highlights the representation of the LGBT community or lack thereof in the Indian films and television. It talks at length about how the judgment though gives a spark of hope for the better treatment of the LGBT community; we as a society still have a long way to go to make it a safe place for them where they are not discriminated or prejudiced against.


[1] Indian Penal Code 1860.

[2] W.P. (Crl.) No. 76 of 2016.


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