Today (10 July), India’s supreme court finally reignited the debate over the decriminalisation of gay sex.
The country bans homosexual activity as “carnal intercourse against the order of nature” under Section 377 of the penal code, which was introduced in 1862 as a direct result of colonisation.
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.
In 2009, the legislation was ruled as “unconstitutional” by the Dehli High Court and then revoked, legalising homosexuality in the process. However, the judgement was overturned in 2013, making it illegal once again.
Earlier this year, the court agreed to review the ban after a petition from members of the LGBTQ community said they were living in fear due to their sexuality.
This will be the first time in history that the court will hear from famous individuals, with a famous chef, a hotelier and a classical dancer set to testify.
In an interview with The Guardian, Anjali Gopalan – founder of the Naz Foundation – said the time “feels right” to legalise gay sex.
“The momentum has built up for this moment. We have a clutch of petitions from people from all walks of life. We have celebrities giving their personal testimony,” he explained.
“Then we have had an important ruling recently by the courts upholding privacy. And we have seen a shift in recent years, more people coming out to take a stand. The gates have opened, as it were, and you can’t close them now.”
Last month, India’s largest psychiatric body declassified homosexuality as a mental illness. Hopefully this will influence the court’s final decision in October.
Related: India’s openly gay prince opens up palace to vulnerable LGBTQ people
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