In North America, LGBT rights are often discussed in institutions, social media and organizations supporting such cases. However, it can be noted that leaving this North American mindset results in radically different attitudes towards LGBT issues. This literature review will focus on LGBT rights in India and focus on the Supreme Court decision which upheld Article 377 of the Indian Constitution and repealed the decision of the Delhi High Court. This research paper will further examine the exact timeline of each decision by highlighting the history of Section 377 of the Indian Penal Code, the decision of the Delhi High Court in 2009 and finally the decision of the Supreme Court in December 2013. Additionally, it will focus and discuss the discourse on why the Supreme Court reinstated the criminalization of gay sex in the country. Finally, this research paper will offer a critical perspective by addressing a possible solution in order to raise awareness and take a stand against the Supreme Court for reinstating the criminalization of gay sex in the country. To begin with, the history of Section 377 can be traced back to the 1800s. Lord Macauley first created this law in 1860, when he was the Chairman of the Indian Law Commission (Misra 20). The reason for this law was that the British wanted to “impose Victorian values” on the Indian colony (Misra 20). Not only were such values ​​attempting to be imposed on Indian society, but the Indian Constitution also wished to “…restrict constructions of patriarchal gender relations and heteronormativity” (Ramasubban 91). To understand the history better, one needs to understand what exactly was written in Article 377. This section reads in the middle of the document......w.ndtv.com/article/cities/bangalore- Verdict- from-the-supreme-court-on-gay-sex-haunts-queer-film-festival-490279>.Sheikh, Danish. “The Path to Decriminalization: Making the Case for India’s Anti-Sodomy Law.” » Yale Journal of Human Rights and Development. 16.1 (2014): 104-132. Internet. April 12, 2014. .Tellis, Ashley. “Ethics, human rights and LGBT discourse in India.” » Applied ethics and human rights - Conceptual analysis and contextual applications. 1st edition. Delhi: Anthem Press India, 2011. 151-170. Print. .Timmons, Heather and Kumar, Hari. “Indian court overturns ban on gay sex.” New York Times. (2009): no. page. Internet. March 31. 2014. .