ABSTRACT
Chapter 2 investigates the extent to which laws criminalizing homosexual conduct were spread around the world by the British Empire. First, it focuses in on the drafting of the 1860 Indian penal code and establishes where this code and section 377 were transferred to by the British. Then it follows other criminal codes, including the Jamaica code by Robert Wright, the draft English code by James Stephen, and the Queensland criminal code written by Samuel Griffith. For each colony, protectorate, protected state, or other polity with a relationship with the British Empire, we show whether and the extent to which the laws were imposed or were the result of British influence. We find that there are some clear-cut cases of imposition, some cases of less direct influence, and other cases where in fact the British were not responsible for the current criminalization of homosexual conduct. Finally, the chapter briefly mentions other colonial powers’ experience.
