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In 2016, five gay and lesbian Indians submitted a writ petition challenging Section 377 on the basis that it violated their rights to equality and liberty. They regrouped and began looking for people willing to serve as petitioners and endure the personal scrutiny the case would bring. In its decision that year, the Supreme Court said only a “minuscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders.”īut gay activists did not give up. But Hindu, Muslim and Christian groups filed appeals in the Supreme Court, and in 2013, the court restored the law, saying that Parliament, and not the courts, should take up the issue. In 2009, a court in New Delhi ruled that the law could not be applied to consensual sex.
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Guruswamy spoke of the decades-long relationship between two older petitioners, Navtej Singh Johar and Sunil Mehra, and the sacrifices they had made in their personal and professional lives to keep their partnership secret.įor several years, Section 377 was in the cross hairs, with the courts going back and forth. And they went beyond classic legal arguments. They pointed to similar hoary laws that had been toppled in the United States, Canada, England and Nepal, India’s smaller and poorer neighbor. In hearings in July, lawyers argued that the law was out of sync with the times and legally inconsistent with other recent court rulings, including one made last year that guaranteed the constitutional right to privacy.
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Though in recent years more gay Indians have come out, and acceptance of gay, lesbian and transgender people has grown to some degree, the fact that intimate behavior was still criminalized created much shame. In the 1860s, the British introduced Section 377 of the Indian Penal Code, imposing up to a life sentence on “whoever voluntarily has carnal intercourse against the order of nature.” The law was usually enforced in cases of sex between men, but it officially extended to anybody caught having anal or oral sex. India was intensely colonized during the height of the Victorian era, when the British Empire was at its peak and the social mores in England were austere. But what made India stand out from most - at least until Thursday - was its application of an anachronistic law drawn up by British colonizers during the Victorian era and kept on the books for 150 years.īut that culture of tolerance changed drastically under British rule. Much of this may also be true in other parts of the world. Countless gays have been shunned by their parents and persecuted by society. Loved ones who try to rebel are often ostracized. Many Indians are extremely socially conservative, going to great lengths to arrange marriages with the right families, of the right castes. And few suggested that other major victories, like same-sex marriage, were on the near horizon. Changing a law is one thing - changing deeply held mind-sets another. Still, however historic the ruling of the court, considered a liberal counterweight to the conservative politics sweeping India, gay people here know that their landscape remains treacherous.
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With restrictions on gay rights toppling in country after country, the ruling in India, the world’s second-most-populous nation, may encourage still more nations to act, she said. When using a search engine such as Google, Bing or Yahoo check the safe search settings where you can exclude adult content sites from your search results Īsk your internet service provider if they offer additional filters īe responsible, know what your children are doing online.“This ruling is hugely significant,” said Meenakshi Ganguly, the South Asia director for Human Rights Watch. Use family filters of your operating systems and/or browsers Other steps you can take to protect your children are: More information about the RTA Label and compatible services can be found here. Parental tools that are compatible with the RTA label will block access to this site. We use the "Restricted To Adults" (RTA) website label to better enable parental filtering. Protect your children from adult content and block access to this site by using parental controls. PARENTS, PLEASE BE ADVISED: If you are a parent, it is your responsibility to keep any age-restricted content from being displayed to your children or wards.
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