HOMOSEXUALITY AND THE COURTS

The Delhi high court de-criminalised gay sex in 2009 but its judgment was overturned by the SC which has now said it will revisit its order

2001

A Delhi-based non-governmental organisation, Naz Foundation, files a public interest litigation in the Delhi high court challenging section 377

2004

September: High court dismisses the PIL, saying Naz Foundation has no locus standi in the case

December: Activists approach the Supreme Court against the order of the Delhi high court.

2006

April: The top court directs the high court to reconsider the matter on merit.

2008

September: Centre seeks more time to take stand after contradictory statements by home ministry, which backs Section 377 and health ministry, which admits law is hampering fight against HIV/AIDS. Later that month, Centre says “gay sex” is immoral.

October: High court pulls up the Centre for relying on religious texts and asks it to come up with a stand based on scientific reports.

2009

July: High court strikes down Section 377 which criminalises consensual sexual acts between adults in private

2013

December: Supreme Court sets aside the 2009 Delhi high court order, asks Parliament to come up with law.

2014

January: Supreme Court dismisses a central government petition seeking a review of its verdict

2016

January: Supreme Court agrees to hear curative petition, last available judicial recourse, in open court

June: Supreme Court refers a petition filed by five well-known members of the LGBT community to the Chief Justice for “appropriate orders”.

2017

August: Supreme Court passes landmark ruling declaring individual privacy a guaranteed fundamental right and calling sexual orientation an “essential attribute” of privacy.

2018

January: Supreme Court refers Section 377 to a larger bench of the court, saying its 2013 decision requires reconsideration.