The Supreme Court has once again upheld the equality promised in the Constitution of India by legalising sexual activity between same-sex citizens. The regressive law that had kept this right from people undertook a long and rigorous journey before being scrapped. To fully celebrate this decision and to bear in mind the struggles that led to it, take a look at the timeline of the notorious section 377 of the India Penal Code.
1861: The law is introduced for the first time by the British. The roots, however, go back to 1533 when the Buggery Act – a law legally prohibiting 'unnatural sex' – was passed under Henry VIII of England.
1994: First ever petition against the law is filed in the Delhi High court. Bhedbhav Virodhi Andolan (ABVA) challenged the constitutionality of the law following a ban on condom distribution in prisons.
2001: The constitutionality of the law is challenged again through a PIL in the Delhi High Court. This time by Naz Foundation, an NGO working for awareness on HIV/AIDS and sexual health issues.
2003: The Delhi High Court dismisses the PIL citing its lack of jurisdiction in the matter.
2004: A review petition is filed by activists which is dismissed by the court.
2006: Following an appeal against the dismissal, the Supreme Court directs the Delhi HC to hear the case.
July 02, 2009: In a milestone decision, the court decriminalises homosexuality and the law is scrapped labelling it a violation of fundamental rights. The decision came despite opposition from the Centre which said homosexuality is a reflection of a perverse mind and claimed direct jurisdiction over the law.
July 09, 2009: Suresh Kumar Kaushal, an astrologer from Delhi, challenges the decision in the SC saying that encouraging homosexuality is like 'reversing the motion of Earth'.
Dec 11, 2013: The Supreme Court reverses the HC judgment and the section 377 is upheld. The
decision is based on a conjecture that only a ''minuscule fraction of the country's population constitutes LGBT.''
2015: Shashi Tharoor floats a private-member bill seeking decriminalisation of 377 but is voted against in the Lok Sabha.
June 30, 2016: Five well-known LGBTQ activists file a petition seeking 'appropriate orders' from the SC. The petition is referred to a two-judge bench which was already hearing pleas in the matter.
Aug 24, 2017: The SC declares 'right to privacy' a fundamental right, leaving little scope to defend the 377. The SC even noted that sexual orientation is an essential attribute of privacy.
Jan 08, 2018: Upholding its statement to reconsider the 377, the Supreme Court refers the law to a five-judge bench.
July 10, 2018: The newly-constituted bench begins hearing petitions.
Sept 06, 2018: The Supreme Court decriminalises Section 377.
