India’s Top Court Puts an End to Colonial-Era Law Against Gay Sex

India’s top court, The Supreme Court in Delhi, recently struck down Section 377, a colonial-era law that was set in 1861 that made it a crime to carry out homosexual sexual activities. This of course has triggered widespread celebration not only across India’s LGBT community but the world’s. Specifically, the five-member bench said the concept of “I am what I am” must be protected under Indian law, referencing Johann Wolfgang von Goethe, the 18th-century German philosopher, consequently leading them to diluting Section 377 of the Indian Penal Code to exclude all kinds of sexual behaviour between consenting adults.Prior the change, gay sex was punishable by up to 10 years in jail and although prosecution under Section 377 was not common, many said that police and other groups used the law as a way of justifying homophobic behaviour and discriminating against the group.

Chief Justice Dipak Mshra stated afterwards that homosexuality is neither a crime nor a “mental disorder” as described in the “incomprehensible” 157-year-old laws. Furthermore, Justice Chandrachud stated that “Sexual minorities in India have lived in fear, hiding as second class citizens,” before adding: “The constitution protects the fluidity of sexual experience,”  and finishing with the fact that overturning Section 377 was a big step towards “laying the colonial ghost to rest.”

The Indian author, columnist, screenwriter, television personality, motivational speaker and gay-rights activist, Chetan Bhagat, said that “This is not just a major landmark but some of the language coming out from the court is just beautiful” continuing with: “It feels like we have been on the journey here together: the people and the judges, and that the journey continues.”