Everyone here at Escort Ireland was delighted to hear this week that the Indian Supreme Court has ruled that gay sex is no longer an offence, in what was truly a monumental event for the country.
The ruling overturns a 2013 judgement that upheld a colonial-era law, known as section 377, under which gay sex is categorised as an “unnatural offence”.
The court instead decided discrimination on the basis of sexual orientation is a fundamental violation of rights.
Celebrations
The decision was greeted by cheers and incredible happiness outside the court, with some even breaking down crying.
Thursday’s decision was delivered by a five-judge bench headed by chief justice Dipak Misra. The decision was unanimous.
Reading out the judgement, he said: “Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional.”
Another judge, Indu Malhotra, said she believed “history owes an apology” to LGBT people for the way they have been treated.
It is safe to say that this decision has not been roundly welcomed in the country. Though it carries support in the major cities, it has not proved as popular in the more conservative countryside areas.
LGBT activist Harish Iyer told the BBC: “I’m absolutely elated. It’s like a second freedom struggle where finally we have thrown a British law out of this country… I think the next step would be to get anti-discrimination laws in place, or anti-bullying laws.”
I would maybe leave the British out of this one. The fact is hasn’t been done since the end of Empire will be down to the Indians, not the British. We left in 1947 and that has been 71 years. That is plenty of time to make the progressive step.
Still, leaving that aside, it is a great day for the LGBT community in India. No-one should be prosecuted for loving someone of the same sex.
A Long Road
My only worry is that though the law may recognise these rights, some of the people of the country may take a while to catch up. To put it bluntly, in some of these backwaters, you walk around a village with a rainbow flag and it will end up badly. There is a difference between something being ‘legal’ and ‘accepted’.
Still, every journey needs a first step. When you decriminalise things, they will become more normalised. True the entrenched attitudes may take time to change, but young people won’t grow up in a country where something is seen as so bad it is illegal. Then, as generations move on, it will become like the UK (for the most part); just another part of the person, and not that important a part to be fair.
So yes, this is a brilliant move. We would like to send our love to the Indian LGBT community. Together, we will get to real equality which even in the UK and Ireland, is still a fair way off.
Since then, he has specialised in articles on the battle for equal rights for sex workers, sexual health, as well as bringing the readers fun news from around the world. He also has a major interest in LGBT rights, and is an active campaigner in this field.
When he isn't fighting the good fight, he enjoys spending time with his girlfriend, and young daughter. He also enjoys reading and taking long walks.
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