Section 377 verdict: Pride wins over prejudice

In a historic judgement, the Supreme Court (SC) of India on Thursday ruled that sexual intercourse between consenting adults of the same sex is not a crime, accepting that sexual orientation is natural and people have no control over it. A five-judge constitution bench headed by Chief Justice of India Dipak Misra announced its verdict on the validity of Section 377 today, revoking the law criminalising consensual gay sex

Curated By: Madhu Kapparath

Published: Sep 6, 2018

“This is a good day for human rights,” Meenakshi Ganguly, South Asia director for Human

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“This is a good day for human rights,” Meenakshi Ganguly, South Asia director for Human Rights Watch said on Twitter. Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The 2013 SC ruling to reverse the Delhi high court's judgement was a big blow for the community,

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The 2013 SC ruling to reverse the Delhi high court's judgement was a big blow for the community, and it seemed as if they were fated to remain in the shadows, vulnerable to abuse at the hands of the police, and the ensuing trauma from repression of one’s sexual orientation and self-censorship among the young.

A protest by members and supporters of LGBT (Lesbian, Gay, Bisexual, and Transgender) Community duri

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A protest by members and supporters of LGBT (Lesbian, Gay, Bisexual, and Transgender) Community during a candle light vigil against the SC in 2014 in New Delhi. In 2017, the SC said privacy is a fundamental right, which opened the door for fresh petitions to decriminalise gay sex.

Homosexuality is considered a taboo in a largely conservative Indian society which appears to be div

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Homosexuality is considered a taboo in a largely conservative Indian society which appears to be divided on the controversial issue. A large segment of people who embrace the idea of personal freedom want homosexuality decriminalised but many privately consider it a “deviant behaviour” and not merely a question of one’s sexual orientation or preference.

Successive governments have defended the archaic Section 377 of the IPC, which is based on 19th cent

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Successive governments have defended the archaic Section 377 of the IPC, which is based on 19th century Victorian morality. But the intense debate in society and the media in recent times may have forced the political class to change its stance.

Activists like Ashok Row Kavi (seen here, above), LGBT rights activist and founder of Humsafar Trust

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Activists like Ashok Row Kavi (seen here, above), LGBT rights activist and founder of Humsafar Trust have fought for decades for the rights of the LGBT community. He said "we have finally got justice. We are finally 'azaad in azad Hind'".

There have been many positive developments in favour of the LGBT community on the international fron

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There have been many positive developments in favour of the LGBT community on the international front. In May 2015, Ireland legalised same-sex marriages, becoming the first country to allow same sex marriage at a national level by popular vote. In June 2015, the US Supreme Court ruled that same sex marriages to be legal. France, UK, Canada, US, Australia and Brazil have de-criminalised homosexuality. Other countries like Belgium, Brazil, Canada, France, Iceland, Ireland, Luxembourg, Norway, Portugal,South Africa, Spain, Sweden and Uruguay allow either same sex marriage or a civil union.

Near home, Nepal legalised homosexuality in 2007 and the new Constitution of the country also gives

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Near home, Nepal legalised homosexuality in 2007 and the new Constitution of the country also gives many rights to the LGBT community. India, with its historic decision, parts with countries such as Nigeria, Ghana, Iran, Saudi Arabia, Afghanistan, Mauritania, Qatar and Pakistan which still criminalises homosexuality.