India's Supreme Court rules gay sex is no longer a crime in historic Section 377 judgement
India's Supreme Court has ruled to decriminalise gay sex in a unanimous verdict handed down by a five-judge panel.
Previously, gay sex had been punishable by up to 10 years in prison under Section 377 of the Indian constitution, which outlawed sexual activities "against the order of nature" and was interpreted by police and courts as referring to homosexuality.
LGBT activists said the law, though rarely enforced, was the foundation for systemic discrimination and harassment of gay Indians.
Reading out the first judgement on the case in the Supreme Court shortly before noon on Thursday, the Chief Justice of India Dipak Misra said interpreting Section 377 to criminalise gay sex was "irrational and indefensible".
There were scenes of celebration not just outside the court in Delhi but also shown in videos from across India, as Mr Misra observed that members of the LGBT community "must have the same rights as any other citizen".
"Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - cannot be said to be unconstitutional," Mr Misra said.
The Indian government had left Thursday's decision up to the Supreme Court, saying it would neither fight nor directly support the five lead petitioners asking for Section 377 to be reconsidered.
"Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - cannot be said to be unconstitutional," Mr Misra said.
The Indian government had left Thursday's decision up to the Supreme Court, saying it would neither fight nor directly support the five lead petitioners asking for Section 377 to be reconsidered.
Legal experts interpreted that as implicit backing for the movement, which was started more than 15 years ago by a legal challenge to the Delhi High Court from an HIV charity, the Naz Foundation.
In 2009, the High Court declared the ban on gay sex to be unconstitutional. But that judgment was overturned by a small panel of the Supreme Court, which said amending or repealing the law should be left to Parliament.
"We have finally got justice," said Ashok Row Kavi, LGBT rights activist and founder of Humsafar Trust, outside the court.
"Thanks to all that fought for this, braving the worst sort of prejudice. This is a good day for human rights," Meenakshi Ganguly, South Asia director for Human Rights Watch said on Twitter.
"It is not only about decriminalising but recognising our fundamental rights," said Akhilesh Godi, one of the petitioners in the case, shortly before the ruling.
In 2009, the High Court declared the ban on gay sex to be unconstitutional. But that judgment was overturned by a small panel of the Supreme Court, which said amending or repealing the law should be left to Parliament.
"We have finally got justice," said Ashok Row Kavi, LGBT rights activist and founder of Humsafar Trust, outside the court.
"Thanks to all that fought for this, braving the worst sort of prejudice. This is a good day for human rights," Meenakshi Ganguly, South Asia director for Human Rights Watch said on Twitter.
"It is not only about decriminalising but recognising our fundamental rights," said Akhilesh Godi, one of the petitioners in the case, shortly before the ruling.
Source: Indendent
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