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The Indian Experience with
Overturning Section 377
Jayna Kothari
 Started in 2000
 Initial petition filed by Naz Foundation
in Delhi High Court
 Was dismissed as having no standing
 Supreme court overturned it and
remanded it back to Delhi High Court
Several groups joined the petition  Voices against 377, Parents groups,
academics, health rights groups
2009: Historic Delhi High court judgment reading down Section 377
Appeals filed in the Supreme court by Suresh Koushal and others
2013 Supreme Court judgment: overturning the Delhi High Court order and
holding that only Parliament can set aside the law and not the court. That
LGBT persons are a miniscule minority.
Review petitions  dismissed
Curative petitions - pending
2014: Judgement of the SC in NALSA v.
Union of India
5 new petitions filed
New interventions
The Privacy judgment of the Supreme
Court in 2017
Held that the right to privacy was a
fundamental right
That the right to privacy would include
the right to sexual orientation and gender
identity
Type to enter a caption.
8. Jayna Kothari: Overturning Section 377 - The Indian Experience
8. Jayna Kothari: Overturning Section 377 - The Indian Experience
8. Jayna Kothari: Overturning Section 377 - The Indian Experience

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8. Jayna Kothari: Overturning Section 377 - The Indian Experience

  • 1. The Indian Experience with Overturning Section 377 Jayna Kothari
  • 2. Started in 2000 Initial petition filed by Naz Foundation in Delhi High Court Was dismissed as having no standing Supreme court overturned it and remanded it back to Delhi High Court
  • 3. Several groups joined the petition Voices against 377, Parents groups, academics, health rights groups 2009: Historic Delhi High court judgment reading down Section 377 Appeals filed in the Supreme court by Suresh Koushal and others 2013 Supreme Court judgment: overturning the Delhi High Court order and holding that only Parliament can set aside the law and not the court. That LGBT persons are a miniscule minority. Review petitions dismissed Curative petitions - pending
  • 4. 2014: Judgement of the SC in NALSA v. Union of India 5 new petitions filed New interventions
  • 5. The Privacy judgment of the Supreme Court in 2017 Held that the right to privacy was a fundamental right That the right to privacy would include the right to sexual orientation and gender identity
  • 6. Type to enter a caption.