Section 377 of IPC

Subject: Polity

Context: The Centre in Delhi High court submitted that Same sex marriage is against Indian ethos

Concept:

It deals with consensual private sexual acts between adults and came into force in 1862 and
The archaic, colonial-era law criminalizes “carnal intercourse against the order of nature”.

Judiciary and the Law Commission view on Section 377

The 172nd report of the Law Commission of India recommended the deletion of Section 377 but no action was taken.
Naz Foundation Case: the Delhi High Court decriminalized Section 377, ruling that consenting intercourse between two adults was not illegal, and it was violative of Articles 21, 14 and 15 of the Constitution.
Suresh Kumar Koushal case: The 2-bench judgement overturned the judgement of Delhi HC and recriminalized it.
In 2014, in the NALSA judgment, the SC accorded the transgender community the right to be called the third gender, separate from male and female.
Justice (Retired) Puttaswamy case: Right to privacy was a fundamental right and privacy included the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation
Again in 2018 a 5-bench judgement of the Supreme Court (SC) decriminalized homosexuality by striking off parts of Section 377 of the Indian Penal Code (IPC) which were held violative of Fundamental Rights of LGBTQ Community.

Additional info

Yogyakarta Principles came in 2006 and recognizes freedom of sexual orientation and gender identity as part of Human Rights.