Historic judgement on Indian Penal Code Section 377

Summer '09 saw a landmark judgment by the High Court of New Delhi, India on July 02, 2009 when a Division Bench of Justice struck down the provision of Section 377 of the Indian Penal Code that criminalized consensual sexual acts of adults in private, holding that it violated the fundamental right of life and liberty and the right to equality as guaranteed in the Constitution. In their 105-page order, they declared that Section 377 violates Articles 21 (Right to Protection of Life and Personal Liberty), 14 (Right to Equality before Law) and 15 (Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth) of the Constitution.

On one hand, there were celebrations among the queer community in Delhi and all over the country while on the other hand, many religious leaders rejected HC's decision outright and claimed that this decision was an attempt to impose "western" culture on Indian society. It might be interesting to note that Section 377 that was used to harass sexual minorities in the country is a relic of the British era. There is vast literature out there (Same Sex Love in India and Queering India by Ruth Vanita are two books on top of my mind right now) that suggests that same sex love and other sexual lifestyles such as the hijra culture was accepted, celebrated and was very much a part of the society all throughout history. So why are we now looking at homosexuality as western culture?

A few weeks later, the Supreme Court of Pakistan gave its decision to grant equal rights to transvestites (hijras).

Just a couple of days ago, Indian Supreme court declined to stay the Delhi High Court's July 02 judgment and has given the Centre eight weeks to file its response to Delhi HC's decision. This is a small step towards accomplishing a broader aim. Even after Section 377 is read down, it will take immense time and effort to spread awareness and promote tolerance among the society.

All possible fingers on my body are crossed. XX