NEW DELHI: In a historic decision, India’s Supreme Court has ruled that gay sex is no longer a criminal offence.The ruling overturns a 2013 judgement that upheld a colonial-era law, known as section 377, under which gay sex is categorised as an “unnatural offence”.
The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
The decision to repeal the law is a major victory for India’s LGBT activists and supporters after years of determined struggle.
In 2009, the non-profit Naz Foundation won a verdict from New Delhi’s high court after a seven-year legal fight to decriminalize homosexuality.
Until now, gay sex had been punishable by up to 10 years in prison under Section 377 of the Indian constitution, a relic of the Victorian-era laws imposed by the British Empire.
Legal experts interpreted that as implicit backing for the movement, which started in the courts in 2001 with a legal challenge to the Delhi High Court from Ms Gopalan’s Naz Foundation.
The ruling Bharatiya Janata Party (BJP), which has an overwhelming majority in parliament, has been silent on the issue of homosexuality so far. The government told the top court it would leave the decision to “the wisdom of the court”.
The Congress also put out a Twitter post welcoming the judgment.Several of its leaders, including Shashi Tharoor, welcomed the verdict. He said “the government has no place in the bedroom”.
Homosexual acts are still illegal in most of India’s neighbouring countries, including Sri Lanka, Pakistan and Bangladesh.
Gay-rights activists in India have been posting congratulatory messages on Twitter and Facebook since the court ruled on Thursday that gay sex was not a crime.
