TODAY -
Delhi HC legalises homosexuality
Source: The Sangai Express / Agencies

New Delhi, July 02 2009: A top Indian Court issued a landmark ruling on Thursday decriminalising gay sex between consenting adults, overturning colonial-era legislation that outlawed homosexuality.

The New Delhi High Court ruled that an existing statute prohibiting homosexual acts was discriminatory and therefore a violation of fundamental rights under the Constitution.

"It cannot be forgotten that discrimination is the antithesis of equality and that it is the recognition of equality which will foster dignity of every individual," the bench said in a 105-page judgement.

The statute in question is a British colonial-era law banning "carnal intercourse against the order of nature." Conviction carried a fine and maximum 10-year jail sentence.

Although prosecutions were rare, gay activists said police used the law to harass and intimidate members of their community.

The High Court ruling was made on a petition brought by the Naz Foundation, a gay advocacy group fighting for equal rights and AIDS awareness.

"This is a long-awaited and incredible judgement," said gay rights activist Gautam Bhan.

"The judges in their verdict spoke about inclusivity, equality and dignity.

They spoke about a vision of India as an open, tolerant society and to hear all this from the Delhi High Court was amazing," Bhan said.

While the ruling is non-binding outside the Indian capital, lawyers supporting the petition said it set a precedent that effectively decriminalised consensual gay sex nationwide.

The petition had been staunchly opposed by religious groups, particularly leaders of India's Muslim and Christian communities who argued that all homosexual acts were "unnatural" and should therefore be banned.

"This is absolutely wrong," Ahmed Bukhari, imam at the Jama Masjid in Delhi, India's largest mosque, said of the ruling.

"We will not accept any such law," Bukhari said.

Father Babu Joseph, spokesman for the Catholic Bishops Conference of India, said the court's decision would make no difference to the Church's stand on gay sex.

"While respecting the judgement of the court, we still hold that homosexuality is not an acceptable behaviour in society," he said.

Gay sex has long been a taboo subject in conservative India, where many still regard homosexuality as an illness.

In recent years, however, the country's largely closeted homosexual community has raised its profile, organising gay pride marches in major cities such as New Delhi and Mumbai.

"I feel very proud to be an Indian today.

This was a very just ruling," said openly gay fashion designer Wendell Rodericks.

The Indian government has offered mixed messages on the issue, with some ministers speaking out in favour of the petition, only to be contradicted by others in the cabinet.

"The government can't ignore this," Naz Foundation executive director Anjali Gopalan told reporters after the ruling was announced.

Law Minister Veerappa Moily declined to offer any immediate comment on Thursday's ruling, telling reporters at parliament that he needed to study the text properly.

The government has the right to appeal.

The petitioners at the High Court had received substantial overseas support, including from the United Nations, which argued that decriminalising homosexuality would help India combat the spread of HIV/AIDS.

India has an estimated 2.5 million people living with HIV.

New York-based Human Rights Watch welcomed the ruling, saying it was overdue.

"This legal remnant of British colonialism has been used to deprive people of their basic rights for too long," said Scott Long, director of the watchdog's Lesbian, Gay, Bisexual, and Transgender Rights Program.

"This long-awaited decision testifies to the reach of democracy and rights in India," Long said.

Bollywood actress and gay rights campaigner Celina Jaitley said the High Court ruling was historic.

"I'm overwhelmed," Jaitley told AFP in Mumbai.

"It's great not to be criminalised for being a human being and what you do in your bedroom," she added.


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Athoubashinggi Numit #2 : Gallery
  • Violence in Manipur 2023-2025 : Timeline
  • Pangolin & fight against Climate Change
  • Condemn violent assault against Konsakhul
  • Spring's symphony in my farmhouse :: Poem
  • National Conference on Elderly at RGU
  • The corruption & materialism of Judas
  • Manipur under PR for over 2 months
  • Bid to form government amid public scrutiny
  • 175th Anniv- Maharaj Narasingh #1 : Gallery
  • AI & technology in Manipur's agriculture
  • 4 Manipur players in Indian Women's Hockey
  • Gender justice & health equity are linked but ...
  • Digital marketing: Oxygen of modern business
  • Spring fruits that boost collagen in your body
  • Pot holed roads & others: Surviving Manipur
  • Frustration over centre failure to resolve crisis
  • Pichakari @Govindajee Temple #2 : Gallery
  • Poshan Pakhwada @ MU : Gallery
  • Startup Surge Manipur: Startup Venture Fund
  • My messy room :: Poem
  • Why WAQF Act, 2025 is unconstitutional
  • Emerging politics at play
  • National Fire Service Week
  • Observance of Thang-Ta Day #2 : Gallery
  • Cheiraoba in South Korea
  • Festival of Maram Achouba Khoushaba
  • The Hidden Strength in Falling Short
  • World Health Day 2025 & our Environment
  • Career after marriage: Flight or confusion?
  • Ban on SUP has come into force
  • Preying on abandoned houses
  • Sajibu Cheiraoba Chak Katpa #2 : Gallery
  • Shinthanganbi, Lanmiyo, Abonpou : eMing
  • Climate Change : Spring revival in Ukhrul
  • Merger Agreement: Meaningless paper ?
  • Yaingang in sunscreens
  • Will all children be born free of HIV by 2030 ?
  • Athoubashinggi Numit #1 : Gallery
  • Day 4 : Yaoshang Sports #1 : Gallery
  • Narendra Ningomba - 'Iboyaima Award 2025'
  • Naga leaders Isak Sumi & Tikhak expound
  • Parrotisation in post-colonial intellectualism
  • Call me Burma :: Poem
  • Claim the crown if you have 30 !
  • Marching towards the 2 year mark
  • Train service vow amid fear over migrants
  • Cheirao-chingkaba @Chinga : Gallery
  • Why words matter in Manipur
  • Appeal for a Way Forward in Manipur
  • Birth Anniv of BR Ambedkar at MU
  • Final Call : Phase-2 of MFA 2024-25
  • The Power of Poppy - 76 :: Poem
  • Astronauts as a Career Choice
  • 16th Annual Art Exhibition #1: Gallery
  • Classic FA's Inspirational Journey in RFDL
  • Shifting weather patterns driving dengue cases
  • Early Childhood Caries: Public health concern
  • Lord Ramacandra's glorious examples
  • Media, women, & sensationalism
  • Cocking a snook at Delhi meet
  • Lobbying for preferred place of posting
  • Indo-Naga Talks (From 2012) :: Timeline
  • Ougri Lirol :: Part 1 : Ooba Video
  • Privileges & Safeguards for STs of Manipur
  • Personal & Professional Development
  • Ode to Peace :: Poem
  • Entries for 17th Manipur State Film Awards
  • Makeup tips to illuminate your look this spring
  • AI-based drones to revolutionise agriculture
  • Of shabby & pot holed roads: Defining Imphal
  • Mizoram feeling heat of sheltering refugees
  • The last ember glows : Will we let it burn ?
  • Business Idea Competition @ Manipur Univ
  • 1/2 of women cant make decision on health
  • 2nd State Level Soccer Futsal Championship
  • The life of Mahavir Bhagwan
  • 'Yummy Talent Fest' at Shillong
  • Another ban on single use plastic
  • Reasons for dissent against AFSPA
  • Mei Loukhatpa @Laipubam : Gallery
  • RK Bidur : Honouring a legacy
  • Appreciates peace dialogue at Delhi
  • Sigiriya : Sri Lanka's top tourist attraction
  • Mami Numit & Foundation Day SN Chand
  • Study Tour to Sikkim & Darjeeling
  • Mum on pre-conditions at Delhi
  • Tension over land disputes amid ethnic feud
  • Indigenous People's Fest #2 : Gallery
  • Jugeshwar Kshetrimayum: Martial Art Champ
  • Delimitation based on Census 2001 - II
  • Defending Our Faith, Our Lands, Our Rights
  • Tariffs: Time for Manipur to Rethink Its Future
  • Is deliverance always proportional to faith ?
  • 3rd AGM of Madhurupa Cancer Society
  • Phamba Challadi Hippa Challi
  • BJP on the back foot
  • Yaoshang Halankar #1 : Gallery
  • Condemns heinous incident at Konsakhul
  • Hun-Thadou Cultural Festival Concluded
  • World Health Day 2025
  • Living in Zone-V: The vulnerability
  • Solidarity with Myanmar Earthquake Victims
  • Career in sports can be rewarding
  • After Delhi meet of April 5, what next ?
  • Multiple rounds of tripartite talks inevitable
  • Pot Lannaba : Mera Houchongba #2 : Gallery
  • Delimitation : Why NRC must precede
  • Manipur tourism - insights from Sri Lanka
  • Mathematics as most useful & easiest subject
  • 10 Habits That Will Make You Unstoppable
  • The Power of Poppy - 75 :: Poem
  • Freedom of authorship Vs editorial policy
  • Radio E-pao: 5 new songs added ...
  • 3-language study model that aligns with NEP
  • Observance of World Aquatic Animal Day
  • World Autism Awareness Day 2025
  • Upliftment of Langmei Hr Secondary School
  • Setting pre-conditions for Delhi talk
  • Cong leaders note menace of drugs, influx
  • Yaoshang Mei Thaba #3 : Gallery
  • CAU produces hygienic Hawaijar maker
  • Delimitation based on Census 2001 #1
  • Is long HIV treatment good as daily pills ?
  • Sunburn : EDM festival at Shillong
  • Boost your skin with spring fruits
  • 23 months on and Delhi still lost !
  • Growing pitch for NRC
  • Thabal Chongba reclaims its cultural soul
  • Caregiver burden of raising an Autistic child
  • Supreme Court Judges visit : Gallery
  • Manipur: Champion 21st Natl Mountain Biking
  • Solution to water crisis
  • The Eternal I
  • Setting pre-conditions for talks
  • AFSPA expanded in 'peaceful' valley
  • Id-ul-Fitr @ Yairipok, Kshetrigao : Gallery
  • NRC before Delimitation in Manipur
  • Zeilad Lake : A common heritage
  • Right to safe abortion cannot be dislocated
  • World Theater Day
  • The shackles of ideas in digital India
  • The stand against delimitation
  • Myanmar earthquakes & vulnerable Northeast
  • Shortcomings - Delimitation in Manipur
  • "Tulsi Nonglik" at CAU, Lamphelpat
  • The Power of Preparation
  • Catherine Soyamphi: Turn waste into wealth
  • 'Common Platform' and 'Common Draft'
  • The Wounded Mercenary :: Poem
  • Mohan and Modi in Nagpur
  • Sajibu Cheiraoba Chak Katpa #1 : Gallery
  • 27th PANE Foundation Day
  • MoU with Nittur IAS Academy
  • Sleep State Impasse : A mass digital disorder
  • TIM to attend Hun Thadou Cultural Fest
  • First-ever ABH-incompatible Kidney transplant
  • Yaoshang Sports @ Kwakeithel #2 : Gallery
  • April Calendar for Year 2025 : Tools
  • Tamnalai :: Play Synopsis
  • Sajibu Cheiraoba- Meitei New Year Day: Book
  • Rise of AI: Story of future, dreams & nightmare
  • Funding crisis into opportunity to end TB
  • The Power of Poppy - 74 :: Poem
  • Saroi Khangba @ Imphal #2 : Gallery
  • Indigenous Women's Rights in Manipur
  • A review of In Xanadu: A Quest
  • Open Letter to Shri Amit Shah
  • Strategy for resource mobilization
  • Haircare tips to bloom in spring
  • Over a month since PR came into force
  • Near consensus on NRC update
  • Dr Aheibam Koireng: A prolific academician
  • Abolish Institution of Hereditary Chieftainship
  • Seminar on Career Choice at Kanglatongbi
  • TCI condemns Kuki diktats
  • Diktat to cancel Hun-Thadou fest
  • Objection To "Hun" Celebration
  • How to choose right career after XII class ?
  • Details of drug smuggling coming to light
  • Robust anti-drug units must to nail kingpins
  • Rare grasshoppers, crickets recorded in Zeilad
  • The Laiphadibi :: Poem
  • Policy proposal for ending ethnic conflicts
  • Entrepreneurship with mushroom cultivation
  • Condemns illegal diktat by Kuki SoO groups
  • A woman - Does she need fixing ?
  • Understanding Ponzi, digital banking fraud
  • Step down nudge to political appointees
  • Rivers turning into dumping zone
  • The Power of Forgiveness & Leadership
  • Yaoshang Sports @ Kwakeithel #1 : Gallery
  • Non-violence for defeating Kuki militants
  • World Water Day @ MU : Gallery
  • 14th AMWJU Annual Sports Meet #2 : Gallery
  • Thang-Ta for emotional balance
  • Yaoshang Mei Thaba #2 : Gallery
  • Day 5: Yaoshang Sports : Gallery
  • National Bamboo Festival : Gallery
  • Yaoshang Pichakari #2 : Gallery
  • Yaoshang Mei Loukhatpa #4 : Gallery
  • Yaoshang Mei Loukhatpa @Kangla : Gallery
  • Yaoshang Mei Thaba @ Imphal #1 : Gallery
  • 1st AMAND Football Cup @ Pune : Gallery
  • The Untold Meaning of MEETEI and MEITEI
  • In Memory of Aheibam Koireng
  • Featured Front Page Photo 2025 #1: Gallery
  • Moirangthem Marjit chairs CCCIS, Hong Kong
  • President's Rule in Manipur : 1967 - 2025
  • AIR Radio Imphal Station - Live streaming
  • Meitei Mayek Tamba : Online Classroom #5
  • Downloadable Manipuri Calendar :: 2025
  • GHOST of PEACE :: Download Booklet