I have a deep respect for the judiciary in India, which has time and time again proven that it is fiercely independent from the legislative decision making bodies in India. Our supreme court judges have historically been strong believers of judicial restraint and has proven its resilience, especially during the time of the emergency.
However, today the Supreme Court of India has reinstated a colonial-era law, banning homosexual intercourse as being “against the order of nature”. This is an outright breach of human rights, as guaranteed by our Constitution. This calls for immediate action to spread awareness of the issue.
Full text: Supreme court judgment
On 2 July 2009, the Delhi High Court decriminalized homosexual intercourse between consenting adults, throughout India. Section 377 of the Indian Penal Code was adjudged to violate the fundamental right to life and liberty, and the right to equality as guaranteed by the Constitution of India.
Article 377 doesn’t just make gay sex illegal, it also holds several “straight” sexual acts to be illegal.
Various organizations, like the Naz Foundation (India) Trust has argued that the classification created by Section 377 makes no distinction between consensual and nonconsensual sex, and is therefore invalid and violative of Article 14 of the Constitution. Section 377 violates Article 15(1) of the Constitution, as prohibition of discrimination on the ground of ‘sex’, inherently includes prohibition of discrimination on the ground of ‘sexual orientation’.
You do not have to be an Indian citizen to sign this petition.
Despite the Supreme Court ruling, the power to change and fight for gay rights in India is ultimately in the hands of the people. We are the world’s largest democracy; let your voices be heard, and help us spread this information far and wide.
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