INDEX 1
DRAFT 2
Draft: on LGBT, Cultural and Legal Aspects in India 2
Warning: 2
Foundation of Opinion: 3
XYZ would like to know the implications (if any) for any of our employees who travel to India if they are homosexual. 3
Questions & Answers 3
Q.1 what is the current law regarding homosexuals in India? 3
Explanation of Section 377 of I.P.C 5
Recent Development in the Law (With reference to Court’s Judgments – High court, and Apex Court of India (Supreme Court of India)) 6
Q3. If a XYZ employee who is homosexual visits India and engages in homosexual behavior, what would the implications be for them? 25
Q 4 What is the likelihood of prosecution? Historically, have there been many cases of prosecution? 25
Q 5 What are the sanctions if a XYZ employee was prosecuted (e.g. imprisonment, for how long)? 26
Q6 As discussed what cultural factors should we also be aware of? 26
Q 7 If a XYZ employee is in a civil partnership, would this cause any issues if they were to visit India? 27
On Request 27
In addition, if you could please share with us the recent Supreme Court of India judgments regarding homosexuality, that would be most helpful. 27
Extra 27
DRAFT
Ref: PBA/TLC/XYZ/LGBT/16042014/1 Date: 19 April, 2014
Dear Ms. XYZ,
Draft: on LGBT, Cultural and Legal Aspects in India
With reference to subject line Research on LGBT in India patronize to our Law firm to appraise you with the subject, we would like to extend our draft opinion confine to specific questions raised by you along with ancillary cultural aspects, which certainly help you to advice your employee, who are suppose to come in India, and instruct, and make they aware about the cultural and legal aspect in accordance with Indian Law regarding LGBT.
Warning:
a) The present draft of opinion drafted and supplied for the exclusive members of Trust Law Connect on Pro Bono basis, it shall be used only for the personal use/information of the