India court legalises gay sex in landmark ruling

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Activists say they are elated at the change although more needs to be done (AFP image)In a historic decision, India’s Supreme Court has ruled that gay sex is no longer a criminal offence.The ruling overturns a 2013 judgement that upheld a colonial-era law, known as section 377, under which gay sex is categorised as an “unnatural offence”.The court has now ruled discrimination on the basis of sexual orientation is a fundamental violation of rights.Campaigners outside the court cheered and some broke down in tears as the ruling was handed down.Although public opinion in India’s biggest cities has been in favour of scrapping the law, there remains strong opposition among religious groups and in conservative rural communities.But this ruling, from the top court, is the final say in the matter and represents a huge victory for India’s LGBT community.One activist outside the court told the BBC: “I hadn’t come out to my parents until now. But today, I guess I have.”Thursday’s decision was delivered by a five-judge bench headed by India’s outgoing chief justice Dipak Misra and was unanimous.Reading out the judgement, he said: “Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional.”Another judge, Indu Malhotra, said she believed “history owes an apology” to LGBT people for ostracising them.Justice DY Chandrachud said the state had no right to control the private lives of LGBT community members and that the denial of the right to sexual orientation was the same as denying the right to privacy.The ruling effectively allows gay sex among consenting adults in private. (Excerpts from BBC) Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)RelatedT&T Gov’t to appeal High Court ruling on buggery lawApril 13, 2018In “Regional”BREAKING: CCJ rules Guyana’s cross-dressing law unconstitutionalNovember 13, 2018In “Court”US Supreme Court overturns gay marriage provisionJune 26, 2013In “World”

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