India's High Court Overturns Sodomy Law

categories: Decriminalizing Homosexuality, International Gay Rights

Published July 02, 2009 @ 06:40AM PT

Overturn Section 377

Strike another victory for LGBT rights in 2009. The Delhi High Court in India has overturned the country's very backwards Section 377 law, which since the days of the British empire has criminalized homosexuality in the second most populous country in the world. Earlier this week we wrote about the potential of this happening, and today the decision is final.

Anjali Gopalan, leader of the Naz Foundation (which was one of the organizations that led the lawsuit challenging the ban on homosexuality), said that with this decision, India is finally entering the 21st century. And with a very simple statement, here's what the High Court in India proclaimed:

Consensual sex amongst adults is legal which includes even gay sex and sex among the same sexes.

Despite the fact that it has lived underground for the better part of many decades, India has a thriving LGBT activism scene, closely tied with campaigns fighting for public health. This decision will suredly bolster these communities, and (one can hope) lead to even more sweeping change for LGBT rights in India.

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Comments (3)

It's great that the Delhi High Court has done the correct thing by repealing the intolerant law which criminalized homosexuality. Not only is LGBT rights advanced because of the necessary repeal, but it also shows that India is taking off their history of colonialism. Good thing the Naz Foundation pushed for the important repeal because the law was one of oppression. With human rights trumping oppression, LGBT activists in India will surely succeed for public health.

Posted by Edwin Bonilla on 07/02/2009 @ 09:52AM PT
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Yes! Happy to hear the good news. My congratulations to our brothers and sisters in India!

Posted by Ioan Lightoller on 07/02/2009 @ 03:53PM PT
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Congratulations india.

Posted by Thomas McHugh on 07/03/2009 @ 05:02PM PT
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Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.