India Legalizes Gay Sex in Historic Ruling

The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, struck down Section 377 as being violative of the Right to Equality. “It’ll be interesting to see how various parts of the communities handle the ruling: will there be awareness drives reminding everyone (gay sex) is legal now and to educate the wider community?” But in 2013, the Supreme Court restored the colonial-era law.

The Supreme Court said other aspects of Section 377 remain in force. And we will be equal.

Former Communist Party of India-Marxist backed legislator and Lok Sabha member Sebastian Paul said with the country progressing so much in 157 years, a lot had changed between now and then when this law was framed.

Some were overcome with emotion, while others waved banners with slogans such as “Gay and Proud” and “I am who I am”. “I am really speechless”.

Welcoming Thursday’s verdict Ashok Row Kavi, Founder Chairperson of The Humsafar Trust, said in a press statement, “We waited 18 years for this but it was worth every minute to be finally free of Section 377”.

Bhuwan Kathuria and Bismaya Kumar Raulo are overjoyed after hearing the verdict.

“Members of LGBT community members and their family members are owed an apology from society for being denied equal rights over the years”, said Justice Indu Malhotra.

The ruling Bharatiya Janata Party had said it would support any decision by the Supreme Court but one prominent member of the party criticized the court ruling.

Many Indian gay professionals have moved to Canada and Europe where they are more accepted, added the businessman who married his partner in Paris this year. Thursday’s verdict came in response to a number of petitions by gays and lesbians who challenged the constitutional basis of the 2013 ruling. This is a massive progressive step forward for the second most populous country in the world, with ripple effects that could extend to other countries litigating gay rights. They ruled that as the 1861 law had been used fewer than 200 times, it was such a small proportion of the population that it couldn’t actively violate Indians’ constitutional rights.

Arvind Datar, the attorney for the petitioners, argued in the court that the provision was unconstitutional because it provides for the prosecution and sentencing of consenting adults. Respect for each other’s rights and others are supreme humanity. This is the first battle that has been won and there are many more battles that we are going to fight and we’ll win that as well. Criminalising gay sex is irrational and indefensible.

Activists in Muslim-majority Bangladesh and Pakistan said they planned to push for reform of the laws that their countries also inherited from colonial Britain. Legal acceptance was the first milestone. The court stands with you. “Any violation is against freedom of speech and expression”, said the Apex Court. “They calls us names, they tease us, they bully us, so it is still very prevalent”.