Finally the Supreme Court of India has made the historic decision repealing the ban on gay & lesbian relations. The colonial-era Section 377 of the Indian Penal Code made sexual behavior “against the order of nature” illegal & punishable by imprisonment & served as a model for similar laws across the British Colonial Empire. Jessica Stern, Executive Director, OutRight Action International stated, “When you work on LGBTIQ rights at an international level, your work constantly leads you back to colonialism & the penal codes that were imposed globally as instruments of control & domination. The sodomy law that became the model everywhere from Uganda to Singapore to the UK itself premiered in India, becoming the confusing & dehumanizing standard replicated around the world. Today’s decision to strike down the 377 law once & for all is a triumph. It is the culmination of years of community organizing, changing social attitudes, strategic use of the courts & an LGBITQ movement in India that refused to give up. The decision decriminalizes homosexuality in India & also affirms the rights to privacy & non-discrimination. Today's historic outcome will reverberate across India & the world.”
Menaka Guruswamy who agued the case stated, “This is a wide-ranging win for LGBT Indians across constitutional rights of equality, dignity, expression & freedom. It is a win for India as a constitutional democracy & the court with this judgment had told young LGBT Indians that they are not alone. Their court, constitution & country stands with them.”
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Today India’s top court affirmed what we already know – that LGBTQ people deserve the right to live and love without restrictions or fear of criminalization. GLAAD applauds the hard work of local activists in India who made this day possible and celebrates alongside them today in this tremendous victory over discrimination.
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