The Delhi high court’s decision in 2009 legalizing consensual homosexual acts was a powerful example of judicial wisdom. However, in 2013 that decision was set aside when two Supreme Court justices (out of 29) ruled otherwise. Countless legal professionals and India’s LGBT community were appalled. Five years later in 2018 the full Supreme Court reversed
India is the seventh-largest country by geographical area, the second-most populous country, and the largest democracy in the world. It has the world’s twelfth largest economy at market exchange rates and the fourth largest in purchasing power. Economic reforms have transformed it into the second fastest growing large economy; however, it still suffers from high levels of poverty.
Homosexuality in India is generally considered a taboo subject by both Indian civil society and the government. Scholars differ in their views of the position of homosexuality within India’s main religious traditions. There have been arguments that homosexuality was both prevalent and accepted in ancient Hindu society. Since 2001 a major legal challenge was mounted against Section 377 of the Indian Penal Code that criminalised homosexuality. The Delhi High Court ruled in favor of decriminalization on 2nd July 2009. This ruling had the effect of making homosexuality legal across India. However many religious and fundamentalist groups challenged the judgement in the Supreme Court which, in 2013, reversed the Delhi Court decision thus re-criminalizing gay sex between consenting adults. It was a shocking setback for gay and human rights in India. The decision still stands today as activists strategize to change the law in parliament. Also see: Islam and Homosexuality.
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