Section 377 of the Indian Penal Code dates back to 1861 which was introduced during the British rule of India which criminalizes sexual activities "against the order of nature," which include homosexual acts.
Section 377 regarding unnatural offences reads as follows: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
The United States Supreme Court in its decision in Lawrence v. Texas struck down sodomy laws of fourteen States.
Those opposing homosexuality in India have welcomed the Supreme Court Judgement. Zoologists, researchers have discovered that homosexual and bisexual activity is not unknown within the animal kingdom.
Animal Homosexuality has been cited by the United States Supreme Court in its decision in Lawrence v. Texas which struck down sodomy laws of fourteen States.
In the animal kingdom, penguins at New York's Central Park Zoo have been found to indulge in homosexual activities while ignoring other female mates. Bonobo, an African ape which is closely related to humans have been noted to engage in such a behavour. Research shows that close to 1,500 species from animals to insects have been observed engaging in same sex activities.
Some species indulging in homosexuality include black swans, penguins, pigeons, elephants, monkeys, lions, sheeps, lizards, Amazon dolphins, giraffes, dragon flies to name a few. One species of domesticated sheep have been known to refuse to mate with females.
Now that the matter has been left to the Indian Parliament to pass a law on the matter, it remains to be seen if the matter will be solved by the parliament.
keywords: Section 377 Indial Penal Code, Supreme Court of India, Delhi High Court, US Supreme Court, Gay and Lesbian Rights, Minority Rights in India.
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