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The law was made by the British govt in line with the victorian era ethos (remember Alan Turing?). Many of the british laws were carried over when India became independent in 1947.

When this law came up for review in the supreme court this year, it ruled that since the law criminalizes actions, not persons, it is not discriminatory and hence, not unconstitutional. As you can imagine, this was a very controversial judgment. But as things stand now, the supreme court has passed the ball back to the parliament to repeal/amend the law.

I am not sure when exactly the original law was amended in Britain.






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