Indian court revokes 150-year-old gay sex laws
3 July 2009

An Indian court ruling on 2 July 2009 decriminalising gay sex between consenting adults followed a nearly decade-long battle by health workers to be rid of parts of a 150- year-old law from the colonial era.

“We declare that section 377 of the Indian penal code, in so far as it criminalises consensual acts of others in private, ” was counter to basic human rights guaranteed by the constitution, Chief Justice AP Shah of the Delhi High Court ruled.

Section 377, drafted by British rulers in 1860, has drawn criticism from public health activists as a barrier in the fight against HIV/AIDS. Parts of the law would continue to apply to forms of non- consensual sex, the ruling said.

Anjali Gopalan, director of the Naz Foundation which works to prevent the spread of HIV/AIDS and began a legal challenge to the law in 2001, welcomed the ruling. “We have been fighting for this right for eight years. Gay people are part of this democracy, ” she said as about 100 gay activists celebrated outside the court gates.

Naz had argued the law violated rights to privacy and equality guaranteed under the constitution, and was used to harass or blackmail gay people in return for money or sex.

“The Delhi High Court has restored the dignity and human rights of millions of men who have sex with men and trans-gendered people in India, ” Unaids executive director Michel Sidibé said. “Oppressive laws such as section 377 drive people underground, making it much harder to reach them with HIV services.”

Thousands of people attended gay pride marches in four Indian cities including the capital, New Delhi, last Sunday, highlighting the growing confidence of gay men and women in India.

During seven months of hearings, though, the home ministry reflected conservative views among many politicians, arguing that the ban on gay sex protected public health and morals.

PS Patnaik, www.businessday.co.za