The Province

India court lifts ban on gay sex

Judges throw out Victorian-era law in landmark ruling

- ASHOK SHARMA

NEW DELHI — India’s Supreme Court on Thursday struck down a colonial-era law that made gay sex punishable by up to 10 years in prison, a landmark victory for gay rights that one judge said would “pave the way for a better future.”

The 1861 law, a relic of Victorian England that hung on long after the end of British colonialis­m, was a weapon used to discrimina­te against India’s gay community, the judges ruled in a unanimous decision.

“Constituti­onal morality cannot be martyred at the altar of social morality,” Chief Justice Dipak Misra said, reading the verdict. “Social morality cannot be used to violate the fundamenta­l rights of even a single individual.”

As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags.

“We feel as equal citizens now,” said activist Shashi Bhushan. “What happens in our bedroom is left to us.”

In its ruling, the court said sexual orientatio­n was a “biological phenomenon” and that discrimina­tion on that basis violated fundamenta­l rights.

“We cannot change history, but can pave a way for a better future,” said Justice D.Y. Chandrachu­d.

The law known as Section 377 held that intercours­e between members of the same sex was against the order of nature.

The five petitioner­s who challenged the law said it led to gays living in fear of harassment and persecutio­n.

 ?? — GETTY IMAGES ?? Members of India’s LGBT community celebrate in Bangalore on Thursday after the Supreme Court struck down a colonial-era ban on gay sex.
— GETTY IMAGES Members of India’s LGBT community celebrate in Bangalore on Thursday after the Supreme Court struck down a colonial-era ban on gay sex.

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