More than half of the world's remaining "sodomy" laws - criminalising consensual homosexual conduct - are relics of British colonial rule. In 1860, British colonisers introduced a new criminal code including Section 377 to occupied India and other colonies.
In 72 hours, the Home Affairs and Health ministries will have to agree on one position and argue its case in court after warning that it will go ahead with its verdict should they fail to meet the deadline.
Health Minister Anbumani Ramadoss says he supports the repeal of his country's 145-year-old British-era law which criminalises same-sex sexual relations.
A Bombay High Court judge's recent remarks supporting a review of the dreaded Section 377 has offered activists some encouragement as the case has been scheduled to be heard by the Delhi High Court on Sep 18 and 19.
Aside from the threat of life imprisonment if convicted, what are the effects of the existence of Section 377 of the Indian Penal Code? Human rights activist and lawyer Arvind Narrain highlights the insidious impact of the 148-year-old law and its existence (or non-existence) as a cultural signifier.
During the hearing of a petition to decrimimalise gay sex, the Delhi High Court was presented with contradictory affidavits with the Ministry of Home Affairs favouring the retention of the law and the Health Ministry against its enforcement.
The battle by the Naz Foundation India to amend Section 377 of the Indian Penal Code will continue in the Delhi High Court on May 19. Justin Ellis spoke to Sumit Baudh of the South and Southeast Asia Resource Centre on Sexuality (SSARCS) about the petition and its likelihood of success.
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