India’s top court has decriminalised gay sex, striking down a colonial-era law, sparking jubilation among LGBTQ and human rights groups across the country.
The Supreme Court in Delhi ruled that the Section 377 law, dating from 1861, was unconstitutional.
The Bollywood director and producer Karan Johar, who has long campaigned for gay rights, tweeted: “… abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!”
The five-member bench said the concept of “I am what I am” must be be protected under Indian law, referencing the 18th century German philosopher Johann Wolfgang von Goethe.
Chief Justice Dipak Mshra added that homosexuality is neither a crime nor a “mental disorder” as described in the “incomprehensible” 157-year-old laws.
Altaf Qadri /AP
Justice Chandrachud, reading out the verdict, said: “Section 377 provided ‘rule by the law’ instead ‘of the law’.
"Sexual minorities in India have lived in fear, hiding as second class citizens," he said.
“The constitution protects the fluidity of sexual experience,” he added, saying that overturning Section 377 was a big step towards “laying the colonial ghost to rest”.
“This is not just a major landmark but some of the language coming out from the court is just beautiful” said the author Chetan Bhagat, an outspoken proponent for gay rights in India. “It feels like we have been on the journey here together: the people and the judges, and that the journey continues.”
SAJJAD HUSSAIN/ AFP
The Supreme Court verdict comes after a petition by five openly gay people, who claimed they were facing harassment and intimidation under the laws. They were: dancer Navtej Singh Johar, journalist Sunil Mehra, restaurateur Ritu Dalmia, hotelier Aman Nath and businesswoman Ayesha Kapur.
"Sexual orientation is one of many biological phenomena which are described as natural and inherent. They are considered part of freedom of expression”, the judgment said. “The fundamental rights of even a single individual cannot be infringed upon."
The Court said that all measures should be taken to properly broadcast the fact that homosexuality is not a criminal offence any more, to create public awareness.
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Section 377 has been through legal wrangles since 1994, with parliament and the judiciary batting the issue between each other. It was ruled unlawful before it was reinstated in 2014 after a challenge by ultra-religious groups.
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