The Free Press Journal

Timeline of legal battle

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1991: AIDS Bhedbhav Virodhi Andolan (ABVA) is first to raise its voice against Section 377 of IPC. The NGO comes out with a report about ostracism faced by the LGBTIQ community.

1994: ABVA in 1994 moves Delhi High Court challengin­g the legality of Section 377 after Kiran Bedi, then heading Delhi's Tihar Jail, refused to provide condoms to male inmates, saying it will encourage homosexual­ity. The petition is dismissed in 2001.

2001: Naz Foundation, an NGO working on sexual health and HIV/AIDS, files public interest litigation in Delhi High Court challengin­g Section 377 and calling for decriminal­isation of homosexual­ity.

2004: Naz Foundation petition is dismissed. A review petition filed by it is also dismissed.

2006: Naz Foundation files special leave petition in Supreme Court which is then sent to the Delhi High Court. A host of gay rights organisati­ons join the petition.

2009: Creating history, a Delhi High Court bench headed by then Chief Justice A.P. Shah strikes down Section 377, saying it violates fundamenta­l right to life, liberty and equality. The bench legalised homosexual acts between consenting adults.

2009: The judgment is challenged in Supreme Court by astrologer Suresh Kumar Kaushal.

2013: In a big setback to gay rights movement, a Supreme Court bench of Justice G.S. Singhvi and Justice S. Mukhopadha­ya sets aside the high court ruling and recriminal­ises homosexual­ity.

2016: The matter is resurrecte­d when a fresh petition is filed by members of LGBTIQ community: dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur. This is marked to the Constituti­on Bench.

2018: Top hotelier Keshav Suri, who identifies himself as gay, joins the fight, moves the Supreme Court.

2018: A five-judge bench of Supreme Court headed by Chief Justice Dipak Misra begins hearing petitions against Section 377.

Asked to reply, the Modi government leaves the decision on Section 377's constituti­onality to the court's wisdom.

July 2018: Supreme Court reserves verdict.

September 2018: In a unanimous verdict, a CJI Misraheade­d bench decriminal­ises homosexual­ity.

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