In a historic judgement, the Supreme Court (SC) of India on Thursday ruled that sexual intercourse between consenting adults of the same sex is not a crime, accepting that sexual orientation is natura
&ldquoThis is a good day for human rights,&rdquo Meenakshi Ganguly, South Asia director for Human Rights Watch said on Twitter. Section 377 refers to &lsquounnatural offences&rsquo and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term
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The 2013 SC ruling to reverse the Delhi high court's judgement was a big blow for the community, and it seemed as if they were fated to remain in the shadows, vulnerable to abuse at the hands of the police, and the ensuing trauma from repression of one&rsquos sexual orientation and self-censorship among the young.
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A protest by members and supporters of LGBT (Lesbian, Gay, Bisexual, and Transgender) Community during a candle light vigil against the SC in 2014 in New Delhi. In 2017, the SC said privacy is a fundamental right, which opened the door for fresh petitions to decriminalise gay sex.
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Homosexuality is considered a taboo in a largely conservative Indian society which appears to be divided on the controversial issue. A large segment of people who embrace the idea of personal freedom want homosexuality decriminalised but many privately consider it a &ldquodeviant behaviour&rdquo and not merely a question of one&rsquos sexual orientation or preference.
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Successive governments have defended the archaic Section 377 of the IPC, which is based on 19th century Victorian morality. But the intense debate in society and the media in recent times may have forced the political class to change its stance.
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Activists like Ashok Row Kavi (seen here, above), LGBT rights activist and founder of Humsafar Trust have fought for decades for the rights of the LGBT community. He said "we have finally got justice. We are finally 'azaad in azad Hind'".
Image by Hari Mahidhar/ Shutterstock
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There have been many positive developments in favour of the LGBT community on the international front. In May 2015, Ireland legalised same-sex marriages, becoming the first country to allow same sex marriage at a national level by popular vote. In June 2015, the US Supreme Court ruled that same sex marriages to be legal. France, UK, Canada, US, Australia and Brazil have de-criminalised ho
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Near home, Nepal legalised homosexuality in 2007 and the new Constitution of the country also gives many rights to the LGBT community. India, with its historic decision, parts with countries such as Nigeria, Ghana, Iran, Saudi Arabia, Afghanistan, Mauritania, Qatar and Pakistan which still criminalises homosexuality.
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