Deconstructing Section 377 of IPC: The Legacy of British Colonialism and Muslim Personal Law

The study will attempt to analyze Section 377 of the Indian Penal Code (IPC) by underscoring its historical context, its impact on sexual minorities and how decriminalizing it has paved way for sexual citizenship. The study would delve into the challenges encountered by the LGBTQ+ Muslims in India. How the movement against this gender coded law started in 1994 will also be analyzed. Sociological theory of gender performativity of Judith Butler will be thus used to comprehend the question of identity formation, by disregarding the dominant societal constraints. Religious personal laws are mainly seen as root cause of gender discrimination and therefore the study will attempt to understand how Muslim Personal Law in India is/not juxtaposed to Section 377. The study will make use of historical analysis, case laws and interviews with activists and legal experts thereby highlighting the intersection of colonial legacies and modern human rights. By reflecting on the idea of need for legal reforms, the study will contribute to the discourse on decolonizing the legal system of India and advancing rights of LGBTQ+ Muslims by engaging with Islamic theology. How can reinterpretation of Islamic texts can contribute to more inclusive understanding of LGBTQ+ Rights within Muslim Personal Law will be the bone of the contention of the paper.