In a landmark ruling Thursday that could usher in an era of greater freedom for gay men and lesbians in India, New Delhi’s highest court decriminalized homosexuality.
Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting “carnal intercourse against the order of nature with any man, woman or animal.” The law, known as Section 377 of India’s penal code, has long been viewed as an archaic holdover from colonialism by its detractors.
Thursday’s decision applies only in the territory of India’s capital city, but it is likely to force India’s government either to appeal the decision to the Supreme Court, or change the law nationwide, lawyers and advocates said.
Outside the hall where the Naz Foundation news conference was held, dozens of young men and women gathered to celebrate, along with a group of hijras, men who dress and act like women who classify themselves as belonging to neither gender. “It is a victory of human rights, not just of gay rights,” said one 22-year-old man who only identified himself as Manish.
India’s society is generally unwelcoming of homosexuality except in the most cosmopolitan circles. It is not uncommon for gay men and women to marry heterosexuals and have families, while carrying on secret relationships with members of the same sex.
In their decision, Chief Justice A. P. Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of important parts of India’s Constitution. “Consensual sex amongst adults is legal, which includes even gay sex and sex among the same sexes,” they said.
Acceptance of homosexuality has thawed somewhat in recent years in some urban areas. Gay pride parades in Indian cities last weekend attracted thousands of marchers, and several recent Bollywood movies, like “Dostana,” have included gay themes and characters, often played by Bollywood’s biggest heterosexual stars.
Still, the decision was condemned from many corners in India. “This is wrong,” said Maulana Abdul Khaliq Madrasi, a vice chancellor of Dar ul-Uloom, the main university for Islamic education in India. The decision to bring Western culture to India, he said, will “corrupt Indian boys and girls.”
The ruling comes after a decade-long, broad-based campaign organized by gay rights advocates, authors, celebrities, lawyers and AIDS awareness groups from around the world. India has one of the world’s largest populations of people with AIDS, and Section 377 was viewed by many advocates as a hurdle to education about safer sex.
Change particularly needs to happen in rural India, she said in an e-mail message Thursday afternoon. “I have met women who were forced to sleep with men so that they could be ‘cured’ of homosexuality,”
Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting “carnal intercourse against the order of nature with any man, woman or animal.” The law, known as Section 377 of India’s penal code, has long been viewed as an archaic holdover from colonialism by its detractors.
Thursday’s decision applies only in the territory of India’s capital city, but it is likely to force India’s government either to appeal the decision to the Supreme Court, or change the law nationwide, lawyers and advocates said.
Outside the hall where the Naz Foundation news conference was held, dozens of young men and women gathered to celebrate, along with a group of hijras, men who dress and act like women who classify themselves as belonging to neither gender. “It is a victory of human rights, not just of gay rights,” said one 22-year-old man who only identified himself as Manish.
India’s society is generally unwelcoming of homosexuality except in the most cosmopolitan circles. It is not uncommon for gay men and women to marry heterosexuals and have families, while carrying on secret relationships with members of the same sex.
In their decision, Chief Justice A. P. Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of important parts of India’s Constitution. “Consensual sex amongst adults is legal, which includes even gay sex and sex among the same sexes,” they said.
Acceptance of homosexuality has thawed somewhat in recent years in some urban areas. Gay pride parades in Indian cities last weekend attracted thousands of marchers, and several recent Bollywood movies, like “Dostana,” have included gay themes and characters, often played by Bollywood’s biggest heterosexual stars.
Still, the decision was condemned from many corners in India. “This is wrong,” said Maulana Abdul Khaliq Madrasi, a vice chancellor of Dar ul-Uloom, the main university for Islamic education in India. The decision to bring Western culture to India, he said, will “corrupt Indian boys and girls.”
The ruling comes after a decade-long, broad-based campaign organized by gay rights advocates, authors, celebrities, lawyers and AIDS awareness groups from around the world. India has one of the world’s largest populations of people with AIDS, and Section 377 was viewed by many advocates as a hurdle to education about safer sex.
Change particularly needs to happen in rural India, she said in an e-mail message Thursday afternoon. “I have met women who were forced to sleep with men so that they could be ‘cured’ of homosexuality,”
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