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A Pride March in Kolkata, India, in December 2016.
NurPhoto via Getty Images
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NurPhoto via Getty Images
A Pride March in Kolkata, India, in December 2016.
NurPhoto via Getty Images
The Indian Supreme Court overturned a longstanding ban on homosexual sex in a unanimous decision that marks a turning point in the socially conservative country of 1.3 billion people.
This is a landmark decision in a country where attitudes towards gays and lesbians are beginning to change – and the decision raises more questions about how India will provide equal protection to the LGBTQ community .
"No one can escape their individuality," said Chief Justice Dipak Misra, who is scheduled to retire next month.
"We must say goodbye to prejudice and empower all citizens," said Misra, who also spoke on behalf of four concurring judges.
The prohibition, Article 377 of the Indian Penal Code, forbade all sexual intercourse "against the order of nature". The law dates from 1861, when the country was under British colonial rule. The law is interpreted as a ban on anal and oral sex, although it is generally used to prosecute men for sex with other men.
Thursday's decision overturned the 2013 court decision, which overturned a Delhi high court that sought to decriminalize homosexuality.
"Consensual sex between adults in [a] The private space, which is not detrimental to women and children, can not be denied because it is an individual choice, "the court said. Article 377 discriminates and violates constitutional principles ".
Opponents of the law argued that section 377 actually criminalized being gay. Even bringing the case to court was considered risky, said Ayesha Kapur, one of the dozens of plaintiffs in the case.
"According to the law of the land, I can be handcuffed," she said. The New York Times before Thursday's decision. "It's a very real prospect – nothing prevents the police from coming to the petitioners."
The law has also been a way to blackmail or assault gay and transgender people.
One of the plaintiffs, Arif Jafar, was arrested in 2001 and charged with "promoting and inciting to commit a crime" and criminal conspiracy under article 377. He stood near a station and was distributing condoms with caricatures. He was beaten by the police and spent 47 days in prison.
LGBTQ supporters in India have campaigned for years to overthrow Section 377, as NPR's Lauren Frayer reported in July:
"In 2009, the Delhi High Court ruled that the law could not be applied to consensual sex, but this decision only technically applied to the New Delhi region.In 2013, a conservative Hindu astrologer filed which equates to a gay ban in place.
"The Supreme Court has accepted, restoring Article 377. The current case, which the Supreme Court heard on July 10, challenges this."
In recent years, pride parades have become more common in Indian cities, although they are not always understood. The Washington Post reports:
"Many people watching the Pride Parade in Bhubaneswar did not understand what the slogans and posters meant." This is against society, "said Benudhar Baliavsingh.
"Another puzzled spectator was more positive when he was told the meaning of the rainbow flag." It's good. If people love each other freely, they will live happily together. They will not fight.
