Hindustan Times ST (Mumbai)

‘A fifth of the world’s LGBT people now free’

- Prasun Sonwalkar

LONDON: Gay rights activist Peter Tatchell, who called on Prime Minister Theresa May to apologise for the colonial era laws during the Commonweal­th meeting in April, described the Indian Supreme Court ruling as “historic” but added that ending the ban on homosexual­ity is just a start.

“This historic legal ruling sets free from criminalis­ation almost one-fifth of the world’s LGBT+ people. It is the biggest, most impactful gay law reform in human history...there are still huge challenges to end the stigma, discrimina­tion and hate crime that LGBTS suffer in India. Indian LGBTS now revert to the legal status of non-criminalis­ation that existed prior to the British colonisers...,” he said. PM Theresa May was under pressure during the April Commonweal­th Heads of Government Meeting to tender an apology on Britain’s behalf for introducin­g the homophobic laws in former colonies, but limited herself to expressing “deep regret”. Britain introduced laws in its colonies criminalis­ing same-sex relations, but it was not until 1967 that it lifted the legal opprobrium at home, and in 2013 it granted a royal pardon to gay mathematic­s genius Alan Turing, who committed suicide in 1954.

Until the Supreme Court’s ruling on Thursday, India was among more than 30 countries in the Commonweal­th where samesex relations face criminal charges. Section 377 was introduced in India in 1862 following recommenda­tions of the first law commission chaired by Thomas B Macaulay. NEW DELHI: In 1884, an unusual case came up in the then colonial Allahabad high court. For months, the police had been tailing a person named Khairati on the suspicion that he was a “eunuch” after being tipped off that on a visit to his ancestral village, he was found dancing and singing dressed as a woman.

The police arrested him on the suspicion that he was a “habitual sodomite” and subjected him to a medical examinatio­n, which recorded that the examinee showed the “characteri­stic mark of a catamite (a Victorian term for a man kept for homosexual desires) and noted that the anal orifice was “shaped like a trumpet”.

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