Baltimore Sun

Unanimous high court verdict decriminal­izes gay sex in India

- By 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,” activist Shashi Bhushan said. “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 was discrimina­tory and led to gays living in fear of harassment and persecutio­n.

Jessica Stern, the executive director of the New LGBT activists celebrate Thursday after the Supreme Court ruling in Mumbai, India. York-based rights group OutRight Action Internatio­nal, said the original law had reverberat­ed far beyond India, including in countries where gay people still struggle for acceptance.

“The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizi­ng standard replicated around the world,” she said in a statement, saying “today’s historic outcome will reverberat­e across India and the world.”

Homosexual­ity has gained a degree of acceptance in deeply conservati­ve India over the past decade. India now has openly gay celebritie­s, and some high-profile Bollywood films have dealt with gay issues. But many gay people still face isolation and persecutio­n.

On Thursday, a leader of a prominent hard-line Hindu group noted that while it doesn’t see homosexual­ity as a crime, it believes gay marriage is not “compatible with nature.”

Arun Kumar, a spokesman for the Rashtriya Swayamseva­k Sangh, the parent organizati­on of the ruling Bharatiya Janata Party, said Indian society “traditiona­lly does not recognize” gay relationsh­ips, the Press Trust of India news agency reported.

Sukhdeep Singh, a gay rights activist and editor of Gaylaxy Magazine, said the community still had a lot of distance to go “to be legally with your partner.”

“This will obviously open the doors for a lot of more things, more civil rights. And we’ll fight for our rights, definitely. This is the first battle that has been won and there are many more battles that we are going to fight,” he said.

 ?? DIVYAKANT SOLANKI/EPA ??
DIVYAKANT SOLANKI/EPA

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