NEW DELHI – A high court in New Delhi, India, delivered an historic judgment to amend a 149-year-old colonial-era law – Section 377 of the IPC – and decriminalize private consensual sex between adults of the same sex. It is the biggest victory yet for LGB rights in India and a major milestone in the country’s social evolution. India becomes the 127th country to take the guilt out of homosexuality.
The Times of India reported that the judgment roused strong reactions from religious and political groups in the country.
The Times described the court scene as “tense with anticipation,” as the bench invoked Jawaharlal Nehru’s stirring words to the Constituent Assembly, while linking the issue of homosexuality with the politically resonant theme of inclusiveness. The justices stated, “If there is one constitutional tenet that can be said to be (the) underlying theme of the Indian Constitution, it is that of inclusiveness.” As a corollary, it added that, “Those perceived by the majority as ‘deviants’ or ‘different’ are not on that score excluded or ostracized.”
