After over 150 years of oppression, the Indian Supreme Court has finally decreed that having homosexual relations is no longer a criminal act. On September 6th, it was unanimously voted that Section 377 was “irrational, indefensible and manifestly arbitrary,” Chief Justice Dipak Misra told The New York Times.
Previously, any persons caught in the act of, or suspected of having homosexual relations would be arrested or terrorized. The legal punishment for being gay in India used to be life imprisonment.
This historic legislation was introduced and forced upon India while it was colonized by the British Empire. The British got to India at the height of the Victorian Era. This time in history was extremely conservative, which contrasted drastically to the prominently Hindu culture that dominated Indian society during the 1800’s. Section 377 decreed that any sex that was “against nature” was illegal.
This vague law originally encompassed homosexual relationships, bestiality, oral sex and anal sex. The Indian Supreme Court has decided to keep Section 377 but modify it to not apply to people who identify as LGBTQ and engage in consensual sexual acts. It can still be used to arrest people participating in bestiality.
In contrast to the celebrations around India that are taking place right now, the extremely conservative groups have been quite vocal about the social repercussions that this decree will bring. The president of All India Hindu Mahasabha, Swami Chakrapani, told the New York Times that the courts are “giving legitimacy to mentally sick people.”
As widespread as the joy for liberation is around the country, anger and fear are equally felt. There is a fear that HIV is going to run rampant now that courts have decriminalized homosexual relationships. However, now that people will not be punished for having sex with who they are attracted to, they are more likely to ask more questions about how to have safe sex.
India still has a long way to go until they reach equality for every type of love, but some think this is a great beginning. There is still shame associated with being homosexual in India that is left over from time past. Now that the country is entering a more understanding and liberal-thinking time, there is hope that same sex marriage is one of the next subjects to be overturned by the Supreme Court.
There are mixed feelings among the people of India about when and if it will ever be legalized. Some people are optimistic and think that it will happen next, while more pragmatic thinkers think that it is still a long way off. There is a universal feeling that the change is far from over.