LGBT community rejoices as India court legalizes gay sex

Sep 06, 2018, 5:27 AM EDT
(Source: Vinayak Das/flickr)
(Source: Vinayak Das/flickr)

In a landmark verdict, India’s Supreme Court on Thursday decriminalized gay sex, ruling that any discrimination based on sexual orientation is manifestly unconstitutional and amounts to a violation of fundamental rights.

The triumph for the LGBT community in India comes after a protracted judicial battle, marked with several ebbs and flows since 2009 when the Delhi high court struck down Section 377 of the Indian Penal Code (IPC), under which gay sex was an “unnatural offence,” writes the BBC.

In 2013, India’s Supreme Court reinstated Section 377 following petitions from political, social and religious groups. There are rare incidents of the colonial-era law being used to prosecute Indians, but it left lesbians and gays vulnerable to blackmail and exploitation, further marginalizing the community. 

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