Same-Sex Relationships Are No Longer A Crime In India

Compassion for all and the freedom to love who you choose – the message is loud and clear from the Supreme Court of India as it decriminalised Section 377 of the constitution.

In an epoch-making judgement, a 5-judge bench of the Supreme Court legalized gay sex in India, lifting a colonial-era ban that’s over 100 years old. Now, consensual same-sex intercourse is legal and not “against the order of nature” as defined under Section 377.

A Historic Judgement

Below are excerpts from the verdict:  

"Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community."

"Our Constitution nurtures dissent as a safety valve of society and it does not impose conformity. We cannot change history but pave the way for a better future." 

"Homosexuality is not a mental problem and the Parliament is also alive to the fact.  LGBT community has the same rights as other members of society."

Animal and gay rights activists at a march 

What Is Section 377?

Drafted during the British Raj in 1860, his section of the Indian Penal Code refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

 By decriminalising Section 377, gay sex between consenting adults is legal and will not be punishable by law.

Activist Fivos Deshpande

However, bestiality or sexual activity with animals remains a criminal offence under Section 377 – which is what many animal rights organizations have been seeking in the wake of multiple sexual assaults on animals in the recent past.

One Struggle, One Fight

Freedom and equality are a universal fight – whether it is gay rights, women’s rights or animals rights. Will this landmark verdict usher in a new era where all living beings share the Earth equally? We certainly hope so.  

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