A victory for tolerance … gay rights activists outside the High Court in New Delhi. Photo: Reuters/Adnan Abidi
By Matt Wade Herald Correspondent in New Delhi
July 3, 2009
INDIAN laws banning gay sex have been overturned in a landmark judgment in New Delhi.
The 150-year-old section 377 of the penal code, introduced when Britain ruled the subcontinent, described gay sex as “carnal intercourse against the order of nature” and imposed a 10-year jail term on offenders.
However, the High Court yesterday declared the laws were a violation of “fundamental rights” and unconstitutional.
The decision means consensual sex between adults over the age of 18 will no longer punishable, although the court ruled that section 377 should still apply to cases of non-consensual sex and pedophilia.
The court recommended the Government amend section 377 in accordance with its ruling. However, the Law Minister, Veerappa Moily, responded cautiously, saying he would study the judgment before commenting.
Last week the Government said it was open to a review of section 377 but warned it would consult widely before making any changes.
The ruling is a huge victory for India’s gay rights movement which has fought hard to decriminalise homosexuality.
A petition, known in India as a public interest litigation, seeking legalisation of homosexuality was first lodged in 2001 by Naz Foundation, an organisation promoting sexual health. One argument put forward for decriminalising homosexuality was that it would help promote the prevention of HIV/AIDS in India. Activists say the outdated laws had driven infected people underground and hampered efforts to curb the spread of the virus.
The petition, opposed by the Government, was rejected by the High Court in 2004 but reopened after the Supreme Court directed the High Court to reconsider the petition.
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