July 2, 2009—mark this day. It’s a big day in the history of independent India because today the Delhi High Court effectively decriminalized homosexuality. As of today, it is no longer illegal to be gay in India.
I’ve often written about how India gained its independence in 1947, but Indians weren’t free in some many different ways. Well, notch one up for individual freedom. There will be no more Matunga Rackets, no more harassment of gay people by cops, no more busting of gay parties. (And I’m sure there will be some mighty spirited ones tonight.)
Also, see item no. 5 of my wishlist for 2008. It wasn’t all wishful thinking!
This doesn’t mean, of course, that we have suddenly become an enlightened society. There will still be much homophobia, stereotypes of gay people will abound in popular culture, and many young people, discovering that their sexual orientation doesn’t conform to the approved norm, will still feel confused and lonely and angry.
But at least it isn’t illegal any more. How big is that?
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To clarify, the ruling decriminalizes consensual homosexual sex between adults. Section 377 can still be used to prosecute coercive sex or sex with a minor. And that’s just fine. As long as consenting adults can do what they want.
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And hey, of course there’s a backlash. Religious leaders have already spoken out against this ruling, citing worries like “the culture of Indian society.” And a representative of the Church has expressed a worry that “such practice will increase paedophilia [sic].” Heh. (Via Mohit.)