ABSTRACT

In this introductory chapter, we highlight the stakes and the importance of the topic through several recent vignettes, including the twists and turns of legal debate in India over section 377 of the Indian penal code. The chapter then motivates and raises the research questions about the impact of British colonialism on the historical process of criminalization of homosexual conduct. Was it different from other colonial legacies? How so? What role does the fact of this colonial heritage of anti-gay laws play in current political and legal battles over these laws? We also discuss the topic of pre-colonial sexuality as a response to some homophobic rhetoric that puts the blame on the West for introducing homosexuality to the colonies.