SC judgement on Section 377 today; A look at the history of the archaic law

Amish Tripathi, a noted Indian mythologist, argues Section 377 does not reflect the traditional Indian attitude towards sex

Section 377 of the Indian Penal Code is a relic of British India, having been introduced way back in 1861. It was modelled on a 16th-century British law called the Buggery Act, which was the first such civil law that criminalised certain kinds of sexual intercourse.

The Supreme Court is expected to pass its judgement on the legality of the section on Thursday. It has heard arguments representing all sides of the issue over the last few months.

Even though homosexuality was partially legalised in England more than fifty years ago, it stayed on as an illegal act in India. The Guardian reported last year that 72 countries and territories worldwide continue to criminalise same-sex relationships, including 45 in which sexual relationships between women are outlawed.

Amish Tripathi, a noted Indian mythologist, argues Section 377 does not reflect the traditional Indian attitude towards sex. It is, instead, he argues, a reflection of the British colonial mindset, influenced by medieval interpretations of Christianity.

He cites several examples and anecdotes from Hindu religious texts to make his point -- that LGBT rights were accepted in ancient India. Read Complete Article