The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai, and is one of the oldest high courts in India. The High Court has circuit benches at Nagpur and Aurangabad in Maharashtra and Panaji, the capital of Goa.
A writ of coram nobis is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. The term coram nobis is Latin for "before us" and the meaning of its full form, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the courts of common law in the English legal system during the sixteenth century.
Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per Supreme Court Judgement since 2018, Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and death.
Homosexuality in India is legally permitted and tolerated by the most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.
India's LGBTQ culture has recently progressed in its cities due to the growing acceptance of the LGBTQ community in urban India in the 21st century.
Navtej Singh Johar &Ors. v. Union of India thr. Secretary Ministry of Law and Justice (2018) is a landmark decision of the Supreme Court of India that decriminalised all consensual sex among adults, including homosexual sex.
Anuja Prabhudessai is a judge of the Bombay High Court, in Maharashtra, India. She is the first woman from Goa to be a High Court judge in India.
Justice N Anand Venkatesh is a sitting Judge of the Madras High Court.
S Sushma &Anr. versus Commissioner of Police&Ors.(2021) is a landmark decision of the Madras High Court that prohibited practice of "conversion therapy" by medical professionals in India. The court directed comprehensive measures to sensitize the society and various branches of the Union and State governments to remove prejudices against the queer community.
Sultana Mirza &Anr. v. State Of Uttar Pradesh &Ors. (2020), a decision of the Allahabad High Court, established that the Constitutional Court bears the responsibility of overseeing and upholding both constitutional morality and the rights of citizens, particularly when these rights are endangered solely due to their sexual orientation.
Poonam Rani &Anr.v. State Of Uttar Pradesh&Ors. (2021) a decision of the Allahabad High Court, reaffirmed that the Constitutional Court bears the responsibility of overseeing and upholding both constitutional morality and the rights of citizens, particularly when these rights are endangered solely due to their sexual orientation.
Rohit Sagar &Anr. versus State of Uttarakhand &Ors.(2021), a decision of the Uttarakhand High Court, established the right of legal adults to select their own partners and instructed the police to ensure the couple's safety and safeguard their property.
Chinmayee Jena versus State of Odisha &Ors.(2020) is case where the Orissa High Court upheld the right of self-determination of gender as an integral part of personal autonomy and self-expression. The court recognized the rights of trans persons to cohabit with the partner of their choice, regardless of the “gender” of the partner.
Adhila Nasarin versus State Commissioner of Police &Ors.(2022) is case where Kerala High Court held that the adults in mutually consenting relationship should be allowed to live their lives according to their informed choice, regardless of gender.
Sreeja S versus Commissioner of Police &Ors.(2018) is case where Kerala High Court held that separating the adults in a consensual relationship is a violation of the Constitutional right, regardless of their sexual orientation.
Ujjawal &Anr. versus State of Haryana&Ors.(2021), a case where Punjab and Haryana High Court, refused to provide police protection to a couple facing threat to their lives and personal liberty, citing potential disruption to "social fabric of the society."
Devu G. Nair versus State Of Kerala &Ors. (2023) is an ongoing Supreme Court case, poised to examine the legality of Conversion Therapy and addressing whether the High Court should have facilitated the alleged detainee's opportunity to provide their statement in person within the secure confines of the High Court building.
Queerala &Anr. versus State of Kerala&Ors. (2020) is an ongoing case of the Kerala High Court, where the Bench has directed the State Government of Kerala to implement stringent measures against involuntary conversion therapy and formulate guidelines pertaining to conversion therapy based on an expert committee's study that incorporates insights from queer community-based organizations and relevant stakeholders.
Vyjayanti Vasanta Mogli &Ors. versus State of Telangana &Ors. (2023), a landmark decision of Telangana High Court, invalidating the Telangana Eunuchs Act of 1329 Fasli which categorized intersex, non-binary gender, and transgender individuals as susceptible to criminal actions, as it was found to be in violation of the constitution.
Ravi Kant is an Indian Supreme Court advocate and president of the anti-trafficking non-governmental organization Shakti Vahini, named after the Hindu mother goddess who fought injustice.
