New Delhi's highest court issued a landmark ruling Thursday that decriminalised gay sex between consenting adults in India by declaring a colonial-era ban on homosexuality unconstitutional. The decision by the Delhi High Court was hailed by gay activists here as a historic step in their struggle to achieve equal rights in a conservative society that largely regards homosexuality as a taboo illness.
The court ruled that the existing ban on homosexual acts was discriminatory and therefore a violation of individual rights guaranteed by the constitution. Homosexuality has been illegal in India since 1860 under a statute introduced by British colonial rulers that banned "carnal intercourse against the order of nature." Conviction carried a fine and maximum 10-year jail sentence.
Although prosecutions were rare, gay activists said police used the law to harass and intimidate members of their community. "We are all very thrilled and happy," said Anjali Gopalan, executive director of the Naz Foundation, a gay advocacy group that had petitioned the court to overturn the statute.
"This is just the beginning. The battle will continue till every member of this community gets all the rights that an ordinary citizen has," Gopalan told reporters. While the ruling is non-binding outside the Indian capital, it effectively leaves the government with the choice of appealing to the Supreme Court or repealing the law nation-wide. The decision was criticised by religious groups, particularly leaders of India's Muslim and Christian communities who had staunchly opposed the move to legalise gay sex.
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