Earlier this week, we blogged about LGBTI activism in New Delhi, as people used the occasion of the Queer Pride parade to stand up against marginalization and discrimination. In particular, activists targeted Article 377 of the Indian Penal Code, which categorized homosexuality as a criminal offense.
Today, we heard the good news that years of advocacy by sexual rights organizations and activists have made an impact: the High Court of Delhi has handed down a ruling that found this law to be unconstitutional and a violation of human rights standards. This ruling is a major step in a legal battle that started in 2001, when the Naz Foundation, a sexual health organization, filed an official petition to challenge the law.
Amnesty International released a quote from the Naz Foundation, which states:
It's an incredible day, it's been a long battle. Today homosexuality has been decriminalized but not legalized. It is a baby step but finally India has entered the 21st century.
The International Gay and Lesbian Human Rights Commission (IGLHRC) today put out an action alert that traced the history and impact of this law:
Enacted in the 1860s during British colonial rule to criminalize non-procreative sex, specifically sex between men, Section 377 has been used by police and other individuals to entrap, harass and blackmail those with non-conforming sexual orientations and gender identities and human rights defenders. This law has encouraged sexual and physical abuse of gay men and transgender people in police custody. While the text is silent on lesbianism, it has facilitated an environment where family violence against lesbians and bisexual women happens with impunity, leading to women’s injury, death, and suicide. The Court’s decision to change this law helps ease the environment of fear in which countless LGBT people live their lives in Delhi.
IGLHRC also explains that the High Court of Delhi often directs national legal trends, so their ruling may have wider impact. You can take action on their website to call for a national repeal of this law.
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