Supreme Court of India legalizes Gay Sex in historic ruling

The Supreme Court of India has banished a colonial-era ban on gay sex in a landmark judgement thereby emboldening the Right to Equality in the country. India, being a culturally rich country is home to diverse ethnicities with many people deeply rooted to their traditions.

Unable to stand up to the burden of traditions, gay sex was seen as a taboo in Indian conservative society and was made an offence in 2013 after four years of decriminalisation. The five-member bench of Supreme Court has, unanimously scrapped the ban and thus legalised gay sex.

The Chief Justice of India, Dipak Misra, read the judgement stating, “Any consensual sexual relationship between two consenting adults- homosexuals, heterosexuals or lesbians-cannot be said to be unconstitutional. Initially gay sex was a punishable offence upto 10 years in jail.

Meenakshi  Ganguly, the South Asia director for Human Rights Watch, has welcomed the ruling and said on Twitter, “Thanks to all that fought for this, braving the worst sort of injustice. This is a good day for human rights”.

The judges had said that the gay population in India continually faces trauma and fear. Section 377 of the Indian Penal Code had prohibited “carnal intercourse against the order of nature with any man, woman or animal”. Latter was generally perceived and interpreted in reference to homosexual sex.

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