(a) whether the Government has maintained
any data related to the number of cases
registered under Section 377 of the Indian
Penal Code (IPC) in the country;
(b) if so, the details thereof indicating the
number of cases reported under the said
Section during each of the last three years
and the current year, State-wise ;
(c) the rate of conviction under the said Section;
(d) whether the Government proposes to repeal
or amend Section 377 of the IPC in the light of
the recent judgment delivered by the Supreme
Court recognizing the constitutional right of an
individual to determine and identify one’s
gender and sexual orientation; and
(e) if so, the details thereof?
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ANSWER
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MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)
(a) & (b): The National Crime Records
Bureau (NCRB) has reported that the
collection of data on unnatural / bisexual
offences, etc. under Section 377 of IPC,
has been started through the Monthly Crime
Statistics only since January 2014. The data
indicating the number of cases reported
under the said Section during each of the
last three years is therefore not available.
The NCRB data on the number of cases
registered and persons arrested under the
said Section, State-wise, since January
2014 is placed at Annexure I.
(c): The information is not available as NCRB
has reported that the information on the rate
of conviction is not collected separately.
(d)&(e): The matter is sub-judice before the
Hon’ble Supreme Court of India. The Ministry
of Home Affairs has no separate proposal to
repeal or amend Section 377 of the IPC in
this regard.
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