India’s decriminalization of gay sex is a step toward equality for all

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In a landmark ruling, India’s Supreme Court struck down Section 377 of the Indian Penal Code, decriminalizing gay sex.

In short, the Indian Penal Code outlines the list of possible punishments per offense committed in India. Section 377 of this code was recently struck down, meaning it no longer is law.

Section 377 of the Indian Penal Code: Unnatural offense– Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

According to the Indian Express, 2009 was the first time since 1860 this law was touched. The Dehli High Court struck down this law originally implemented by the British stating that it violated Articles 14, 15 and 21 India’s Constitution.

Articles 14, 15 and 21 of India’s Constitution, which can be found on the National Portal of India:

Article 14: The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.

In 2013, though, the Supreme Court overturned the High Court’s ruling stating that the High Court “was not right” in their decision-making process.

In 2017, the Right to Privacy was upheld as a fundamental right. This ruling helped progress India’s ultimate decision to end Section 377.

On Sept. 6, 2018, the portion criminalizing consensual gay sex of Section 377 of the Indian Penal Code was successfully removed. Equality for all in India is now a possibility.

This decision tells the LGBTQ community in India they matter, that their rights are important and that it’s time we move forward together– as equals. Precedents are important, and this case can now be used for future rulings, especially when combined with the Right to Privacy law.

This ruling is not only a massive leap forward for the LGBTQ community in India, but for the world.

If a country that hasn’t touched a law implemented in 1860 until 2009 was able to completely change the law to be inclusive of everyone’s sexual preferences, that should give us all hope that the world will one day be completely inclusive of members of the LGBTQ community and their inalienable rights.

To those who have petitioned and struggled for LGBTQ rights before this, and those who will continue in the future, your hard-work and dedication is paying off. Soon, everyone will stand united as equals.