Despite decriminalising homosexuality, India has
abstained from voting in favour of LGBTQ rights at the United Nations Human
Rights Council. India had also abstained during the 2016 vote on appointment of
the Independent Expert.
A resolution was moved by Latin American states
seeking to renew the mandate of independent expert on protection against
violence and discrimination based on Sexual Orientation and Gender Identity
The resolution received support from most of the
member countries. Pakistan, Saudi Arabia, China, Bangladesh, Bahrain, Qatar,
Somalia opposed the resolution.
In September 2018, the Supreme Court had
decriminalised same-sex relationships in India by partially striking down the
provisions of Section 377 of the Indian Penal Code (IPC).
Section 377 criminalised voluntary carnal
intercourse against the order of nature with any man, woman or animal. Though
the law did not explicitly mention LGBTQI community, the phrase “against the
order of nature” came to be referred for same-sex sexual relations.