SEXTANT: masculinities, sexualities & decolonialities

ABSTRACT

This article examines Section 377 of the Indian Penal Code through Michel Foucault’s frameworks of biopolitics and governmentality, situating it within the postcolonial Indian context. Introduced under British colonial rule, Section 377 criminalised homosexual acts, serving as a mechanism of sexual regulation that was later inherited and sustained by the postcolonial state. Drawing on Foucault’s theories of power and sexuality, the article explores how this legal provision functioned as a biopolitical tool—disciplining bodies and enforcing normative sexualities under moral and nationalistic imperatives. It further analyses the 2018 decriminalisation as an act of resistance and counter-conduct, driven by legal activism and queer movements. The study highlights the dynamic interplay between state power, legal discourse, and embodied identities, showing how postcolonial governance continues to be shaped by colonial legacies. Ultimately, it argues that the legal trajectory of Section 377 reflects the contested politics of sexuality, state control, and rights in contemporary India.

KEY WOrDS

Section 377, biopolitics, governmentality, queer identity, postcolonial India

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