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NEW DELHI (Reuters) – The main Indian court on Thursday overturned the banning of homosexual sex from colonial times in a landmark ruling that sparked celebrations across the country where gay sex was punishable by law. 10 years prison.
People celebrate after the Supreme Court verdict on the decriminalization of homosexual sex and the revocation of the 377 law, on the premises of the Supreme Court in New Delhi, India, on September 6, 2018. REUTERS / Stringer
Homosexual sex is considered a taboo subject in India, where it is socially conservative, and was reinstated in 2013 as a criminal offense after four years of decriminalization.
A tribunal of five judges of the Supreme Court of India unanimously overturned the ban.
"Consensual sexual relations between two consenting adults – gay, straight or lesbian – can not be considered unconstitutional," Indian Chief Justice Dipak Misra said in a reading of the ruling.
Supporters of the campaign to end the ban circumvented the Supreme Court before the verdict and hailed the decision by embracing and waving rainbow flags.
Some were overwhelmed with emotion, while others waved banners with slogans such as "Gay and Proud" and "I am who I am". Some gifts distributed in celebration.
"I am so excited, I do not have words," said Debottam Saha, one of the petitioners of the case.
Activists hope the removal of the ban will maintain the right to equality, but many acknowledged that discrimination would persist.
"We are no longer criminals, (but) it will take time to change things on the ground – 20 to 30 years, perhaps," said Saha.
Balachandran Ramiah, another petitioner, also said that there was "a long way to go to change societal mindsets" and stressed the importance for employers to end discrimination at the scene of job.
"A number of companies have so far been unable to put them on paper," he said, referring to measures to end discrimination.
"Now they can."
The law against homosexual sex, known as "Section 377", was introduced during British rule more than a century and a half ago.
He forbade "carnal relationships against the order of nature with any man, woman or animal" – which has been widely interpreted as referring to homosexual sex.
The ruling party, the Bharatiya Janata, had declared that it would support any decision of the Supreme Court, but a prominent member of the party had criticized the court's decision.
"This verdict could give rise to other problems, such as an increase in the number of HIV cases," Subramanian Swamy MP told CNN-News18.
Shashi Tharoor, a prominent member of the opposition party, said that "the government has no place in the room".
"Private acts between consenting adults should not be criminalized by any government, as we have unfortunately done," he said.
Report by Alasdair Pal and Blassy Jose, additional report by Suchrita Mohanty and Malini Menon; Edited by Sanjeev Miglani, Robert Birsel
