According to data from the National Crime Records Bureau (NCRB), there were 4,690 cases of persons being booked under Section 377, a law enacted in 1861 that criminalised sexual activities “against the order of nature” and ended up being applied even to consensual homosexual sex between adults between 2014 and 2016.
The Supreme Court a day before decriminalised sex between consenting adults in private under Section 377, effectively negating the applicability of this section to some of these 4,690 cases.
NCRB has been reporting cases booked under this section since 2014. However, the number of cases do not reflect its underlying unfairness, because such laws lend themselves to arbitrariness, allowing police to harass citizens based on their sexual preference.
For instance, between 2014 and 2015, the number of cases registered under Section 377 increased by 17% to 1,347. In 2016, it jumped by 62% to 2,195, of which as many as 178 of all these cases were registered against minors.