Whoever does voluntarily carnal intercourse which is against the nature with man, women or animal should be punished with imprisonment for life or imprisonment which may extend to ten years and shall also be liable for fine.

It criminalized homosexual intercourse (now its stand decriminalized).

In 2018 navtej singh johar vs union of India, the court holding five judges constitutional bench declared section 377 unconstitutional and decriminalized homosexuality.

In 2009  the first case filed before the court namely NAZ FOUNDATION VS GOVT OF NCT in this Delhi high court held that section 377 is violative of articles 21 and 14 of the constitution. Thus the court declared this unconstitutional.

In 2013 SURESH KUMAR KAUSHAL VS NAZ FOUNDATION CASE filed in this apex court overruled the judgment of Delhi high court in NAZ FOUNDATION VS GOVT OF NCT by saying that to amend to repeal section 377 is the matter in the hands of parliament and not in hands of the judiciary.

In 2018 the landmark judgments given by the apex court in NAVTEZ SINGH JOHAR VS UNION OF INDIA, the apex court declared that section 377 is violative of articles 14, 15 and 21. Thus decriminalizing the act of homosexuality.

The court pronounced equal right of choice of partner, equal protection before the law. It enlarged the scope of personal freedom for LGBTQ members. The court put constitutional morality above social morality and thus now homosexuality is not a criminal act.

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