In a dramatic landmark ruling, India's Delhi High Court has liberated its stance on human rights by decriminalising homosexuality.
The law, which was imposed by British colonial rule over 100 years ago, says an individual who
"voluntarily has carnal intercourse against the order of nature with
any man, woman or animal" shall be imprisoned for life or for a term
exceeding 10 years and be liable to pay a fine.
But now, in a monumental move, hundreds of thousands of gay men, lesbians and bisexuals are free from the legal oppression which has haunted them for decades.
Today's High Court verdict is the first of its kind by an Indian court
on a 19th century law that treats homosexuality as a criminal offence.
The ruling came at 10.30am this morning, Delhi time.
In quashing section 377 of the Indian Penal Code – the law which classed gay sex as a criminal offence – a two-judge bench, comprising of Chief Justice A P Shah and Justice S
Muralidahr, said the legislation was a violation of fundamental civil liberties.
In reading the ruling, they said: "Section 377 IPC has the effect of viewing all gay men as criminals. When everything associated with homosexuality is treated as bent, queer, repugnant, the whole gay and lesbian community is marked with deviance and perversity. They are subject to extensive prejudice because what they are or what they are perceived to be, not because of what they do. The result is that a significant group of the population is, because of its sexual non-conformity, persecuted, marginalised and turned in on itself."
The Queer Media Collective, a group of professional journalists who aim for a more balanced
treatment of gay issues in the Indian media, welcomed the news.
A spokesperson told Pink Paper: "By making this decision, the Delhi High Court has acted to correct a historical injustice. Because this law continued to exist in India thousands of people have suffered harassment, discrimination and blackmail simply because they chose to love someone of their same sex.
"Now with this decision of the Delhi High Court India has taken the first step towards this much needed change. We call on the Indian government to support this decision. We call on other courts to take note of this judgement. We call on the police to stop any harassment of queer people. And we call on all people, in India and abroad, to welcome this verdict as a victory for basic common sense and basic human rights."
India – the world's second most-populous nation – is home to 17.22% of
all human beings, with 1,165,760,000 residents - many of whom are gay,
lesbian and bisexual.