Justice Nariman said section was modelled on the Britain’s Buggery Act of which was brought in by the then king Henry VIII which. Buggery Act: gay rights movement: Gay rights prior to the 20th century: VIII, England passed the Buggery Act, which made sexual relations between men a. The Buggery Act made sodomy a capital offence for the first time in English law and was subsequently exported to all of the British colonies, where some of.

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The code was compilation of the then existing British laws governing punishment for crimes. A review petition was filed but the Delhi High Court rejected it. This was later defined by the courts to include only anal penetration and bestiality. The offence of committing unnatural sex under Section is punishable with imprisonment up to life. Two hundred years previously Philip V of France had used sodomy laws in France to torture and execute the Knights Templar and confiscate all their assets.

The Delhi High Court dismissed the Naz Foundation’s petition in saying that it was not affected by Section and hence did not have a locus standi to challenge the law.

Sign In Don’t have an account? This does not imply that sodomites necessarily lived in security. After several reviews of the draft, the Commission concluded that the Draft Penal Code was bgugery complete, and, with slight modifications, fit to be acted upon, noted Justice Nariman in his page judgment.

On an average, 90 men per year were indicted for homosexual offences during this period, he said.

Catherine had been barred from court and Henry had secretly married Anne Boleyn who was now pregnant with his child, although in the eyes of the Catholic Church Henry was still married to Catherine. Terms Privacy About Us Subscribe. The Supreme Court observed that only a miniscule fraction of the population of the country comprised LGBT and less than people were punished in over years under Section of the IPC. It was the country’s first civil sodomy lawsuch offences having previously been dealt with by the ecclesiastical courts.


Buggery was punishable by death under the Act. Apart from a few isolated periods of extreme persecution, same sex relationships were not just tolerated, but seem to have been largely accepted as normal until the reign of Henry VIII. And that no person offending in any such offence shall be admitted to his Clergy LGBT portal England portal. The final hearing on Section began in July this year.

But the Lok Sabha voted against it. Do You Buggeery This Story? Archived from the original on There was no proviso that they retained British laws unchanged. The Buggery Act made sodomy a capital offence for the first time in English law and was subsequently exported to all of the British colonies, where some of the worst anti gay laws still exist today.

The Buggery Act – The Gender Speaker

Other forms of “unnatural intercourse” may amount to indecent assault or gross indecencybut do not constitute buggery see generally: He was unable to return to Eton mostly because he had admitted to the charge in a letter. Crown Cases Reserved for Consideration: September 6, Although he had buggery married three times, and had four children, he was also accused of buggery. Fifty-six were executed, and the remainder were either imprisoned or transported to Australia for life,” he said.

Nicholas Udalla cleric, playwrightand Headmaster of Eton Collegewas the first to be ach with violation of the Act alone infor sexually abusing his pupils.

Many monks were executed at this time.

The Buggery Act 1533

Nicholas Udall, cleric, playwrite and headmaster of Eton College, was charged under the Buggery Act in for sexually abusing pupils in his charge, which he admitted. Buggery Act sv: In between, the Supreme Court in declared the right to privacy as a fundamental right. Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community.


The first man executed for buggery and the only execution in Tudor times was Walter Hungerfordwho acct was executed in on the same day as his patron Thomas Cromwell, the architect of the act.

Justices Nariman and Chandrachud, in their separate concurring judgments, dealt in detail about the evolution of the section as it exists in the present form. The Act was repealed in on accession of the staunchly Catholic Queen Marywho preferred such legal matters adjudicated in ecclesiastical courts. I have read a lot of the history of persecution of LGBT people and one thing seems clear. The primary opposition to this came from the monasteries.

Section Based on Law Passed by Henry VIII in

This period marked the start of the British Legal System as we know it and that legal system was the foundation for future legal systems in all the countries occupied by the British Empire in Africa, Asia Australia and North America.

Retrieved from ” http: The Buggery Act in particular gave him power to execute any cleric who confessed acr buggery and to seize their assets. Trending Videos day workout plan for New Year that’s actually doable Like Cromwell he was charged with treason and heresy suspected of sympathising with the Pilgrimage of Grace who opposed the break with the Catholic Church.

The Supreme Court, which unanimously struck down part of the British-era law that criminalised homosexuality, has traced the history of the year-old provision in its judgement back to the reign of King Henry VIII in Now share the story Too bad. Print Share on Tumblr.