India Decriminalises Gay Sex

I have never been to India but have a number of clients of Indian descent a few of who are gay. While the ruling of the Delhi High Court will not alone end homophobia in India or among the Indian diaspora, the fact that same sex relations no longer carry a potential prison term cannot help but subconsciously begin to undermine some of the historic and societal bigotry against gays and lesbians. The Court's full 105 page opinion can be found here. Another aspect of the Court's ruling is that it brings India more in line with other modern secular nations and should help the forces of modernity. (NOTE: This step towards modernity happened only in 2003 in Virginia with the Lawrence v. Texas Supreme Court decision). Here are some highlights from the Times of India:
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NEW DELHI: India took a giant, albeit belated, step towards globalisation on Thursday when the Delhi high court delivered a historic judgement to amend 149-year-old colonial-era law — Section 377 of the IPC — and decriminalise private consensual sex between adults of the same sex. It is the biggest victory yet for gays rights and a major milestone in the country's social evolution. India becomes the 127th country to take the guilt out of homosexuality.

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In a judgment that has aroused strong reactions from religious and political groups, the court declared that Section 377 IPC, where it ``criminalized consensual sexual acts of adults in private'', violated fundamental rights to personal liberty (Article 21 of the Constitution) and equality (Article 14) and prohibition of discrimination (Article 15).

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In a courtroom tense with anticipation, 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. ``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.''

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"There is almost unanimous medical and psychiatric opinion that homosexuality is not a disease or a disorder and is just another expression of human sexuality,'' the court observed.

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The verdict triggered protests from religious leaders across the spectrum who invoked the ``will of God'' to claim that the ruling would lead to the ``ruination'' of society and family values. Social workers and psychologists, however, welcomed the order, describing it as ``scientific and humane.''

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I cannot help but note that as in America, it is the forces of ignorance and bigotry that hide behind religion who condemned the Court's ruling. It's interesting that the Court's references to the Indian Constitution could be instructive to the U.S. Supreme Court insofar as it notes that the majority does not have the right to exclude or ostracize disliked minorities.