India High Court Decriminalizes Homosexuality

In a verdict described by some as "revolutionary," the Delhi High Court decriminalized homosexuality. The verdict was hailed by the Indian media as a step in the right direction.

The Delhi High Court declared that Section 377 of the Indian Penal Code, which criminalizes gay sex among consenting adults, is a violation of fundamental rights. Before the ruling was overturned on Thursday, homosexual acts between consenting individuals were punishable by up to a 10-year sentence in India. A petition was submitted to the court by the non-profit organization the Naz Foundation as a public interest litigation to challenge the constitutional validity of Section 377 of the Indian Penal Code. The Naz Foundation (India) Trust (NI) is a New Delhi based NGO working on HIV/AIDS and Sexual Health since 1994. NDTV, a leading Indian News Company, writes that "Section 377 in the Indian Penal Code was created in 1861 by the British and outlaws what it calls any acts against the order of nature and the punishment for violating it, can be up to 10 years along with a fine," but that Section 377 "has widely been considered a completely outdated and bizarre law." Regardless, gay activists claim that police often use Section 377 to harass gay individuals. Section 377 defined homosexual encounters as "carnal intercourse against the order of nature." BBC reporter Soutik Biswas says that "the ruling is historic in a country where homosexuals face discrimination and persecution on a daily basis but it is likely to be challenged," but that it also "promises to change the discourse on sexuality in a largely conservative country, where even talking about sex is largely taboo." The Indian media has hailed the verdict as "historic," a "giant step towards globalisation," and "a victory for a secular, democratic, constitutional, and free India." Mail Today's headline was "Gay and Finally Legal.