Gay sex: Most cases filed in UP, Kerala next

New Delhi: Uttar Pradesh has reported most cases related to gay sex under Section 377 of the Indian Penal Code (IPC) which was struck down by the Supreme Court earlier this week. UP is followed by Kerala with 4,690 such cases being lodged between 2014 and 2016 under Section 377, according to which sexual activities ''against the order of nature’’ was a criminal offence.

Of these cases, 2,195 were registered in 2016, 1,347 in 2015 and 1,148 cases in 2014 under section 377 of IPC. UP reported the maximum of 999 such cases in 2016  followed by Kerala 207. In the National Capital 183 cases were registered under Section 377 while in Maharashtra 170 such cases were lodged by the police.

As per the annual data of the National Crime Record Bureau (NCRB) in 2015, the highest number of cases under Section 377 was registered in Uttar Pradesh at 239. While the same year in Kerala and Maharashtra 159 of these gay sex cases were lodged followed by Haryana at 111 cases and Punjab registered 81 such cases.

Importantly, among the 1,347 cases registered in the country in 2015, in 814 cases, the victims were children. Out of these 814 cases, 179 were in UP, 142 in Kerala, 116 in Maharashtra and 63 in Haryana.

Accused persons booked under section 377 who are either facing trial or whose petitions are under judicial review can now seek legal recourse to get discharged from these cases since the Supreme Court’s September 6 verdict has decriminalised part of Section 377 of the IPC. But in cases where the victims were minors, the relief is unlikely to come easily.

In cases of incidents of consensual gay sex cases, the apex court judgement is being seen as a big victory for the accused as they mention about the Apex court’s order to seek relief in the ongoing cases.

Trial in such cases is likely to be called off once the Supreme Court order is mentioned before a judge hearing such a case where there were involvement of consensual adults, the official said.