Draft: on LGBT, Cultural and Legal Aspects in India 2
Foundation of Opinion: 3
XYZ would like to know the implications (if any) for any of our employees who travel to India if they are homosexual. 3 Questions & Answers 3
Q.1 what is the current law regarding homosexuals in India? 3 Explanation of Section 377 of I.P.C 5
Recent Development in the Law (With reference to Court’s Judgments – High court, and Apex Court of India (Supreme Court of India)) 6 Q3. If a XYZ employee who is homosexual visits India and engages in homosexual behavior, what would the implications be for them? 25 Q 4 What is the likelihood of prosecution? Historically, have there been many cases of prosecution? 25 Q 5 What are the sanctions if a XYZ employee was prosecuted (e.g. imprisonment, for how long)? 26 Q6 As discussed what cultural factors should we also be aware of? 26 Q 7 If a XYZ employee is in a civil partnership, would this cause any issues if they were to visit India? 27 On Request 27
In addition, if you could please share with us the recent Supreme Court of India judgments regarding homosexuality, that would be most helpful. 27 Extra 27
Ref: PBA/TLC/XYZ/LGBT/16042014/1Date: 19 April, 2014
Dear Ms. XYZ,
Draft: on LGBT, Cultural and Legal Aspects in India
With reference to subject line Research on LGBT in India patronize to our Law firm to appraise you with the subject, we would like to extend our draft opinion confine to specific questions raised by you along with ancillary cultural aspects, which certainly help you to advice your employee, who are suppose to come in India, and instruct, and make they aware about the cultural and legal aspect in accordance with Indian Law regarding LGBT.
a) The present draft of opinion drafted and supplied for the exclusive members of Trust Law Connect on Pro Bono basis, it shall be used only for the personal use/information of the requesting member “The Children's Investment Fund Foundation (UK)” ( for short “Member”) only.
b) NOT TO BE Use and Dissemination (in any form, print, verbal, action or otherwise); the present draft opinion by the Member or their respective including but not limited to heirs, successors, legal representatives, administrators, executors and assignees or claimed to be associated with them, FOR COMMERCIAL USE OR ANY PROFIT, OR DEISRED TO BE EXPECTED PROFIT OR COMMERCIAL UTILIZATION, WITHOUT THE PRIOR WRITTEN APPROVAL for the same.
c) The exclusive and original rights of use in any manner whatsoever are subsisting with “The Law Office” only.
Foundation of Opinion:
XYZ would like to know the implications (if any) for any of our employees who travel to India if they are homosexual.
Questions & Answers
Q.1 what is the current law regarding homosexuals in India?
Please provide a brief summary (I appreciate that there has been a recent development in the law so it may be difficult to know precisely what the law is and how the law will be interpreted)
Homosexuality is punishable under Section 377 of Indian Penal Code 1860, Meaning in plain words “makes sex with persons of same gender punishable by law” The classification of Section 377, is important, it is classified under Chapter XVI of Offences Affecting the Human Body,
377. Unnatural offences
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 152[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation- Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. Procedure
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine Cognizable
Triable by Magistrate of the first class