In a historic victory in India, as the Supreme Court on the 6th of September announced a unanimous verdict to decriminalise homosexuality.
The Supreme Court ruled to scrap the colonial-era Section 377 of the Indian Penal Code which criminalises “unnatural sex”. There have been reports of the law being used to intimidate, extort and blackmail members of the LGBT+ community. Some of those who were persecuted under this law faced further harassment in prison.
This ruling turns a new leaf for the LGBT+ movement in India as the court reverses an old ruling criminalising gay sex in December 2013. The September 2018 judgment reads: “Section 377 is arbitrary. The LGBT community possesses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights.”
The Chief Justice of India, Dipak Misra added, “Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of freedom of expression.”
We laud India’s LGBT+ movement, student and youth groups, lawyers, government officials and NGO leaders who challenged the archaic law and fought to keep human rights universal.
IUSY Asia Pacific Committee welcomes the decision of the Supreme Court of India, which will ensure a dignified presence for the LGBTQ+ community. This verdict will open new avenues for the marginalised community and give them a platform for social and economic equality.