India’s Supreme Court has announced it will review its infamous Section 377, a law that criminalises consensual gay sex between adults.
The review comes after a petition from members of the LGBTQ community said they were living in fear due to their sexuality.
In 2009, the legislation was ruled as “unconstitutional” by the Dehli High Court and revoked, legalising homosexuality in the process, but the judgement was overturned in 2013, making it illegal once again.
Subramanian Swamy, an MP for the Bharatiya Janata Party, has contested the law being reviewed, arguing: “As long as they don’t celebrate it, don’t flaunt it, don’t create gay bars to select partners it’s not a problem.
“In their privacy what they do, nobody can invade but if you flaunt it, it has to be punished & therefore there has to be Section377 of the IPC [Indian Penal Code.]”
As long as they don't celebrate it, don't flaunt it, don't create gay bars to select partners it's not a problem. In their privacy what they do, nobody can invade but if you flaunt it, it has to be punished & therefore there has to be #Section377 of the IPC: Subramanian Swamy pic.twitter.com/hgWtw54U3P
— ANI (@ANI) January 8, 2018
The law, which describes anal sex as an “unnatural offence”, was introduced in 1862 as a direct result of colonisation, modelled from the British Empire’s buggery law.
Breaking the law can result in a ten-year prison sentence, an equivalent punishment to rape. While the law is rarely implemented, it does leave LGBTQ people under threat of blackmail and can have a negative effect on the fight against HIV/AIDS.
There are also implications for heterosexuals, as oral sex and anal sex – even between man and woman – is prohibited under the law.
Related: India’s openly gay prince opens up palace to vulnerable LGBTQ people
Hundreds of people took to the streets of New Delhi to celebrate the city’s 10th annual Pride event last November, despite homosexuality still being illegal.
“We’re fighting for the right of everybody in this country to live as an equal citizen, which means that everybody should be able to live their life the way they want to,” said New Delhi Pride organiser Manak Matiyani at the time.
Words Liam Gilliver
Get your hands on our latest issue now at buy.gaytimes.co.uk
Latest
