Section 377

Lore & Background

Section 377 was first codified in the Indian Penal Code in 1860 as 'carnal intercourse against the order of nature'. It was then exported to other colonies and even to England, providing the legal model for the act of 'buggery' in the Offences Against the Person Act (1861). Alok Gupta wrote for a Human Rights Watch report in 2008 that the British intended the code to prevent Christian colonial subjects from 'corruption' and to condition colonized subjects to conform to colonial authority. Although Section 377 did not explicitly include the word homosexual, it has been used to prosecute homosexual activity.

Reader's Guide

Section 377's significance lies in its enduring legacy as a tool of colonial control over sexuality, persisting in many former British colonies long after independence. In India, the law was partially struck down by the Supreme Court in 2018 for consensual adult same-sex acts, but remains in force for non-consensual acts, sex with minors, and bestiality. The law has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and even death. The law remains in the penal codes of Bangladesh, Malaysia, Myanmar, Pakistan, and Sri Lanka, while Singapore repealed its similar Section 377A in 2023.

Did You Know?

• The law was used to prosecute people engaging in oral and anal sex along with homosexual activity.
• In 2018, the Supreme Court of India ruled that applying Section 377 to consensual homosexual sex between adults was unconstitutional.
• Section 377 remains in force in Bangladesh, Malaysia, Myanmar, Pakistan, and Sri Lanka.