The Decriminalization of Homosexuality in India
On September 6, 2018, the Supreme Court of India delivered a landmark verdict that decriminalized homosexuality in India. The court's decision overturned part of a 19th-century law introduced by the British, known as Section 377, that made sex "against the order of nature" a crime punishable by life in prison ².
The verdict affirmed the fundamental rights and dignity of LGBT persons and was celebrated as a major victory for the LGBTQ community in India. Chief Justice of India Dipak Misra said, “The LGBTQ community has the same fundamental rights as citizens. The identity of a person is very important and we have to vanquish prejudice, embrace inclusion and ensure equal rights” ³.
While rarely enforced, Section 377 had serious consequences for India’s LGBTQ community. The law left individuals open to harassment, beatings, and blackmail. Some were forced into loveless, sexless marriages; other couples ran away together or even died by joint suicide ³.
The ruling may also help dismantle the stigma attached to HIV and AIDS among gay men as the law impeded many from seeking the medical care they needed. Although a 2017 UNAIDS study showed that new HIV infections in India have decreased by 46% from 2010, experts say more LGBTQ people will now be able to approach doctors and medical services without the fear of discrimination ³.
India's decriminalization of homosexuality was a major milestone for LGBTQ-identifying people across the country, where homosexuality remains a social taboo and gay people face endemic discrimination. It was a hard-fought victory for the LGBTQ community and an important step towards greater acceptance and equality.