India isn’t the only country currently wondering about “carnal intercourse against the order of nature”, to quote section 377 of the IPC Apparently, in the US a piece of semi-news has gone viral that Michigan has made oral and anal sex illegal. That’s not quite true - the Michigan legislature when a...

Chief Justice of India (CJI) TS Thakur, and justices Anil R Dave and Jagdish Singh Khehar, will hear the section 377 curative petition today at 3pm in the Supreme Court.

Former Delhi high court Chief Justice and chairperson of the Law Commission AP Shah criticised the Supreme Court for overturning Delhi high court judgment on decriminalising homosexuality and commented that the Supreme Court bench had “ignored the counter-majoritarian role of the judiciary” while sp...

On September 15, the Supreme Court bench of justices Anil Dave and Adarsh Kumar Goel expedited a pending hearing on admission of SLP, and granted leave thus converting it into a civil appeal, even while continuing the ad-interim relief granted earlier. In the normal course, it would not have raised eyebrows. But when it became known that the subject of the SLP is about the Government’s denial of tax exemption to a film on gay sex, Meghdhanushya, (meaning a spectrum or a rainbow) it made news and rightly so. The film centers around a young boy who finds himself attracted by persons of his own sex.

A college student in China has sued the ministry of education to do away with textbooks describing homosexuality as a “disorder that should be treated”. The female student used the alias Qiu Bai when filing the case to prevent exposure of personal information to the Chinese public, who are largely c...

DV Sadananda Gowda, commenting on the US Supreme Court’s national country-wide legalisation of gay marriage last week , said that the government could de-criminalise gay sex under section 377 of the Indian Penal Code and might even consider gay marriage as an option. “The mood appears to be in favou...

In a landmark judgement, the US Supreme Court ruled on Friday that gay people can marry nationwide and states cannot ban same-sex marriage - an issue that divides America and India.

A Bangalore employee of Infosys has been arrested under section 377 of the Indian Penal Code for allegedly having sex with another man, which was recorded by his arranged-marriage-wife of six months on a hidden camera, reported the Bangalore Mirror . The Supreme Court reinstated the colonial-era sec...

Countering Alok Prasanna Kumar’s counter-argument earlier this week, Sudhir Krishnaswamy and Shishir Bail counter that a presidential reference remains the best course of action to remedy the Supreme Court’s reversal of the Delhi high court’s judgement that struck down section 377.

Advocate Alok Prasanna Kumar argues against a presidential reference as a tool to cure Koushal v Naz, as suggested in a previous column by Sudhir Krishnaswamy and Shishir Bail.

Today the Supreme Court has rejected a review of its own Section 377 judgment. A curative petition too will likely end in failure, given the high rate of rejection for review and curative petitions. But while there is much wrong with the Koushal v Naz judgment, we should not give in to the temptation that Section 377 cannot be struck down by a Constitutional Court and must instead be left to Parliament to repeal. For one, there isn’t even a cogent argument to that effect you will find on reading the Supreme Court of India’s judgment in Koushal.

Supreme Court justices HL Dattu and Sidhansu Jyoti Mukhopadhaya have rejected a number of review petitions of its late 2013 judgment that effectively re-criminalised homosexual intercourse. The bench said in its order: “We have gone through the Review Petitions and the connected papers. We see no re...

Former Himachal Pradesh high court chief justice, Delhi high court justice and law commission member Leila Seth, who is also mother to a son who is homosexual, writes condemning the Supreme Court judgement re-criminalising homosexual intercourse in the Times of India . The original Delhi high court ...

Sudhir Krishnaswamy and Shishir Bail argue that a presidential reference against the Supreme Court’s reversal of the Delhi high court’s judgement in Naz, is strategically superior as it provides the court with the institutional process and scope for enquiry that is necessary to address the critical constitutional questions that have arisen through the Supreme Court’s judgement that overruled the lower court.

Advocate-on-record Amit Gupta puts forward the unfashionable opinion that, although Justice GS Singhvi’s judgment in the section 377 gay sex case was not perfect and unpopular, he did in fact get the law right.

Section #377 attracts international condemnation The Supreme Court’s upholding of section 377 banning homosexual intercourse, has continued attracting global attention with thousands of newspaper articles globally [ Google News ], and protests by gay activists around the globe opposing the judgment ...

Jindal Global Law School (JGLS) senior research associate Surabhi Shukla argues that the Supreme Court made a serious error in its judgment, which would pave the way for a review petition of the judgment.

The overwhelming majority of column inches spilled since yesterday’s historic about-turn by the Indian judicial system , were highly critical of the effect of the Supreme Court’s decision to uphold the constitutional validity of section 377 criminalising homosexual intercourse. Arguments were vocife...

Legally India has culled seven main reasons from the 98-page judgment, explaining why the Supreme Court decided that a lower court was wrong to repeal the law effectively banning homosexual intercourse.

The Supreme Court has criminalised homosexual intercourse between consenting adults today, reversing the Delhi high court’s 2009 decision to overturn section 377.

Supreme Court rejects Times Now TV channel petition argued by Harish Salve to pay Rs 100 crore deposit into court before being allowed to appeal against ‘accidental’ 15 second Justice Sawant defamation [ India Today ]; Editors Guild is upset [ TOI ] Andhra HC asks CBI to investigate assets of ex-CM ...