Case Law

insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.

6 September 2018 | Judicial Body: India: Supreme Court | Topic(s): Constitutional law - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights | Countries: India

24 October 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Domestic violence - Gender discrimination - Gender-based persecution - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Sexual and reproductive rights - Women-at-risk | Countries: Australia - Turkey

27 June 2011 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Credibility assessment - Human rights activists - Persecution based on political opinion - Sexual and reproductive rights | Countries: Ghana - New Zealand

Heard at Field House on 7 December 2009 and 30 November 2010.

24 June 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Sexual and gender-based violence (SGBV) - Sexual and reproductive rights - Social group persecution | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

23 February 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Country of origin information (COI) - Credibility assessment - Forced sterilization / Abortion - One-child policy / Family planning - Sexual and reproductive rights - Social group persecution | Countries: Australia - China

21 October 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom of assembly and association - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights | Countries: Russian Federation

26 March 2010 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Country of origin information (COI) - Forced sterilization / Abortion - One-child policy / Family planning - Sexual and reproductive rights - Social group persecution - Well-founded fear of persecution | Countries: China - United States of America

5 February 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Sexual and reproductive rights - Social group persecution - State protection | Countries: Australia - Malaysia

Admissibility application.

22 September 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Right to family life - Sexual and reproductive rights - Women's rights | Countries: Slovakia

18 September 2009 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): One-child policy / Family planning - Sexual and reproductive rights - Social group persecution | Countries: Australia - China