Advances in Social Sciences Research Journal – Vol.3, No.8 Publication Date: Aug. 25, 2016 DoI:10.14738/assrj.38.2169. Kolmannskog, V. (2016). “No Going Back”. A case study of Seual and Gender Minorities in India and their Legal Mobilisation. Advances in Social Sciences Research Journal, 3(8) 90-104. Copyright © Society for Science and Education, United Kingdom 90 “No Going Back”. A Case Study of Sexual and Gender Minorities in India and their Legal Mobilisation. Vikram Kolmannskog Independent Scholar; Associate Professor (50%) Norwegian Gestalt Institute. Bjerregaardsgt 32, 0172 Oslo, Norway. Abstract This paper explores the legal mobilisation in India against section 377, the anti-sodomy legislation originally introduced by the British. The first part explores the legal mobilisation as experienced by sexual and gender minority activists themselves. In the second part, some themes that have emerged as important are discussed in light of existing research and literature on sexual and reproductive rights lawfare. While the initial decision to litigate was controversial, Indian activists now seem to agree that the impact of litigation has been overall positive. Factors that help explain the Indian case include the particular Indian institution of Public Interest Litigation, engagement on the wider social arena in parallel with the judicial, and positive media attention. Moreover, decriminalization may have been rather easy for everyone in the LGBT/queer community to rally around, regardless of ideological position. In an increasingly polarized India some tensions within the community may become more toxic, however. Keywords: India, section 377, queer, LGBT, sexual and reproductive rights lawfare, legal mobilisation INTRODUCTION Worldwide we see progressive steps as well as backlashes with regards to the rights of sexual and gender minorities. Many battles are fought out in the language of rights and through courts. In India there has been mobilisation against section 377 of the Indian Penal Code (Act No. 45 of 1860; short form: IPC). Section 377 reads as follows: Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or imprisonment of either description for term which may extend to ten years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. Although vague in wording, the provision has particularly impacted negatively on GBT/queer people. Such anti-sodomy legislation was introduced by the British in several of their colonies. In India it was introduced in 1860. While focusing on India, this study is situated within a larger research project exploring sexual and reproductive rights (SRR) lawfare globally (SRR Lawfare, 2013). The project understands “lawfare” as “diverse and intentional strategies adopted by civil society actors that seek to engage legal institutions in order to further or halt policy reform and social change” (SRR