Section 377: Law criminalizing homosexuality in former British colonies

Section 377 of the British colonial penal code punished all sexual acts against the order of nature.

This law was used to punish people who performed oral and anal sex. This law also punished homosexual. The penal code remains in many former colonies and has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, British politician Theresa May acknowledged how the legacies of British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and death.

Colonial history

Although Section 377 did not explicitly include the word homosexual, it has been used to prosecute homosexual activity. The provision was introduced by authorities in the Raj in 1862 as Section 377 of the Indian Penal Code and functioned as the legal impetus behind the criminalization of what was referred to as, "unnatural offenses" throughout the various colonies, in several cases with the same section number. It's an Anti-sodomy section of Offences against the Person Act 1861 imposed on entire British Empire, that says "Whosoever shall be convicted of the abominable Crime of Buggery, committed either with Mankind or with any Animal, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Ten Years." This section is credited with giving birth to the controversial Section 377 of the Indian Penal Code.

Remains

Although most colonies have since gained independence through statehood since Section 377 was implemented, it remains in the penal codes of the following countries:

References

Tags:

Anal sexBritish EmpireHomosexualityHuman sexual activityMyanmarOral sexTheresa MayThird gender

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