India supreme court decriminalises gay sex

India supreme court decriminalises gay sex

0

In a unanimous vote on September 6th, the Supreme Court of India, headed by India’s outgoing chief justice Dipak Misra, ruled that section 377, a 157-year-old colonial-era law which criminalises “intercourse against the order of nature”. The ruling overturned a 2013 decision which upheld the controversial law. The has now ruled that discrimination on the basis of sexual orientation is a fundamental violation of rights.

The ruling now effectively allows gay sex among consenting adults in private. The ‘crime’ was punishable by 10 years in prison, and though rarely invoked, Human Rights Groups have long said that it had been used as a tool of intimidation and harassment against the LGBT community.

Judge Indu Malhotra said she believes history owes an apology to the LGBT community for the state sanctioned ostracization they faces for the last century and a half. Justice DY Chandrachud said the state had no right to control the private lives of LGBT community members and that the denial of the right sexual orientation was the same as denying the right to privacy.

Although public opinion in urban areas has been in favor of decriminalizing same sex intercourse there is still very strong opposition in rural communities and religious groups from all religions.

Celebrations were held outside the supreme court after the ruling was announced. Activists and supporters around the world have taken to social media to congratulate India’s LGBT community on the ruling.

A 2017 report from the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ilga) listed 72 countries where same-sex relations are still criminalized, thought his number can now be brought down to 71. Most of these countries are in Africa, the Middle East and other parts of south Asia. The report also said that homosexuality carries the death penalty in eight nations.

READ  “Stop BEZOS” Act Introduced by Bernie Sanders
About author