Gay sex decriminalised in India
July 3rd, 2009
The Delhi High Court has ruled that the law against consensual gay sex between adults is a violation of India’s constitution.
The landmark ruling means that gay sex is legal in India for the first time in 148 years.
Homosexuality has been punishable by a ten-year prison sentence in India since Britain imposed anti-sodomy laws in 1860, when India was a British colony.
The court said that a statute in Section 377 of the Indian Penal Code, which defines homosexual acts as “carnal intercourse against the order of nature” and made them illegal, was an “antithesis of the right to equality”.
The eight-year-old constitutional challenge to Article 377 was mounted by the Naz Foundation (India), an organisation that promotes safe-sex practices among homosexual men to reduce their risk of contracting HIV/Aids.
“I am ecstatic, euphoric,” said Sumit Baudh, a lawyer active in Voices Against 377, a coalition of social organizations that petitioned the court for the repeal of the Article 377. “This means a tremendous boost to pride and dignity.”
Some religious groups in India have vowed to appeal the decision.
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