Case Summary Naz Foundation Supreme Court

Friday, 13 December, 2013

The case concerns the constitutionality of Section 377 of the Indian Penal Code which was
enacted during the British administration in India in 1860. Section 377 created an offence of
voluntarily having carnal intercourse ?against the order of nature? with any man, woman or
animal, punishable by up to ten years imprisonment or a fine. Although the provision appears to
be neutral on its face, it was argued to have a discriminatory effect on LGBT persons,
particularly homosexual men.

Document type: