On September 6, India’s top court struck down a 157-year-old law banning sex “against the order of nature” and marking a landmark victory for gay rights in the world’s largest democracy.
The five-judge bench found that Section 377 of the Indian penal code, a colonial era law, was discriminatory on the basis of sexual orientation. The law criminalized “carnal intercourse against the order of nature” and was pronounced unconstitutional.
The Guardian reported on Dipak Misra, the chief justice, and his decision reasoning. “Criminalising carnal intercourse under section 377 Indian penal code is irrational, indefensible and manifestly arbitrary,” he said.
Evidence accepted by the judges estimates that up to 104 million people – about 8% of India’s population – might identify as LGBT. While Section 377 was rarely used as a basis for prosecution in India, its existence led to threats and blackmail. After it was struck down, reports around India showed exhilaration, joy, and relief among the LGBT community and its allies.
It had been an arduous battle for gay rights activists. Five years ago, the same law was upheld by the supreme court. The Delhi high court had ruled against the homosexuality ban in 2009 but the supreme court overturned the ruling by 2013. Activists say that such decisions had inhibited education and prevention efforts for HIV/Aids.
After the September 6 ruling, activists are much more optimistic for the future of one of the largest LGBT populations in the world. Harish Iyer, a Mumbai based gay rights activist spoke to The Washington Post, where he described the decision as landmark. “People cannot be diminished,” he said. “Their identities cannot be disregarded because they are few in number.”