Gay sex is legal in India. That was the judgement of the the Supreme Court in New Delhi Thursday, which struck down a colonial-era law that banned homosexual acts with the threat of prison. The ruling sparked jubilant scenes across the country, the culmination of a decades-long struggle for India’s LGBTQ movement.

The landmark ruling from the five judge bench overturned the 157-year-old law known as Section 377, which banned sex “against the order of nature.”

The court ruled unanimously that the law amounted to discrimination on the grounds of sexual orientation, and constituted a fundamental violation of rights.

“Sexual orientation is one of the many natural phenomena,” said Chief Justice Dipak Misra in his decision. “Any discrimination on basis of sexual orientation amounts to violation of fundamental rights.”

“Criminalizing carnal intercourse is irrational, arbitrary and manifestly unconstitutional.”

The ruling represents a long-awaited victory for the LGBTQ community, which has waged a tortuous battle to legalize homosexuality in recent decades. Cases were filed to repeal the law in 1994 and 2001, before the Delhi High Court finally ruled in favor of decriminalization within its jurisdiction in 2009.

But conservative religious and political groups immediately pushed back, lobbying for the law to be restored; in 2013 the Supreme Court unexpectedly overturned the earlier judgment.

The 2013 ruling stated that because Section 377 had been used so infrequently, and because only a “minuscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders,” the law couldn’t be considered to violate Indians’ constitutional rights and it was therefore “legally unsustainable” to repeal it.

That reasoning baffled and dismayed LGBTQ activists, who filed a petition to overturn the decision, resulting in Thursday’s judgment — which represents the final say in the matter.

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32 COMMENTS

  1. did i hear beastiality at 1:20 ??? if yes then i agree with that law , beastiality should be illegal EVERYWHERE , an animal cant make a choice for itself!!!!!!but im all for people not being afraid of being gay and being able to show their affection outside of their houses without being criminalised!!!

  2. Actually, the police didn't charge 1200 cases. It's when someone lodges an official complaint under the section they had to. It was a common knowledge that the police would not by itself book anyone under Section 377 unless the case was pushing the boundaries of the old definition of "unnatural act".

    Anyways, its way to go for us especially because the change had bipartisan support. It was Congress MP Shashi Tharoor who actively advocated for repealing the section in the Parliament while outside the Parliament senior leaders of the ruling BJP like the incumbent Finance Minister of India Arun Jaitley supported the same. Though it was disappointing that even though both the major parties formally welcomed the judgment, they failed to create adequate concensous in the Parliament whenever a private member bill was passed by a MP. This would have been better because this new judgement has actually opened up the Pandora's box as it goes way beyond quashing 377 and moving on. Good decision, but the drafting could have been better.

  3. Forced mass suicide is a cure for these abominations…. the west is trying to shove the indecent, immoral and unnatural practices of its culture down our throats…. ride up and defend our decency and youth

  4. Hindus should know that Hinduism is not a religion like Islam & Christianity where everything should be done according to their Religious books .. Christianity is now reformed a lot but Islam is totally the same of 6th century .. It will not change, I can guarantee .. Because, Reformers will be killed immediately.. What special about Hinduism is We have no Founder, Thousands of religious books ( Anyone can follow any book ), Our religion accept Monotheism, Polytheism, Deism, Atheism, Agnosticism, Pantheism etc.. " Ekam Sat Bipra Bahudha Badanti" – The reality is defined by Various Paths .. & the main thing is Changing the way of life according to times .. Don't behave like Abrahmic religions, We have to led our Nation according to our Values with Science & Technology..

  5. Well that's just horrible they love each other but they can't show it because it also risk their lives and there's a lot of people out there that are just way to cruel

    And besides they judge people so quickly just because it isn't them, if they were in their position they would feel what they would feel because people deserves rights it's not like they're hurting anyone

  6. I understand West wants to do story on India, but why does every Video show these shitty lanes of Old Delhi sector with entangles wires, & narrow lanes???? Does one area of 5 Km^2 represent India???? We know you have colonial mind so you cant see any change. Good that muslims are attacking West. you guys deserve it.

  7. I say only one thing whether you like me or not
    " GAYS ARE NOT GOOD "

    IT IS REALLY THE DISEASE .
    MAN KISSING MAN
    MAN FUCKING MAN

    THU THU THU
    😫😫😷😵😵😵

  8. Before anybody blames Europe just listen these guy keep the law after being freed they keep this law Indian did

  9. Congratulations to India for this wonderful news! You are showing the world what a wonderful, intelligent and progressive country you are. Much love to you from a Gay white American who dreams of visiting India one day and maybe living there too. 😉🏳️‍🌈💖

  10. Good. Whatever sexual acts happen between two consenting adults is not the government's business. And definitely not the business of any church or religious group.

Comments are closed.