In a landmark ruling, the Delhi high court overturned a colonial-era law banning gay sexual relations between consenting adults, according to the
BBC.
The High Court's decision to overturn the 145-year-old colonial ban sets a milestone as first time ever that an Indian court went on record to say that sexual minorities are not second-class citizens, and that they cannot be discriminated against. The verdict said the current law will apply in the event of sex without consent.
"I'm so excited and I haven't been able to process the news yet," Anjali Gopalan, the executive director of the Naz Foundation (India) Trust, a sexual health organization that had filed the petition, told reporters.
"We've finally entered the 21st century."
Under Section 377 of the Indian penal code, gay relations were considered as an "unnatural offense" and was punishable by a 10-year prison sentence. While actual criminal prosecutions are few, the law frequently has been used to harass people. The ruling applies to all of India, but can however be appealed at the Supreme Court.
The Parliament of India had previously considered repealing the law, but was facing opposition from religious groups (mainly Christians, Hindus and Muslims) to keep the colonial ban in place to avoid what they referred to as "sexual anarchy".
The ruling is anticipated to finally pave the way for sexual minorities to lead open lives as India rebrands itself into a modern democratic society that strives for economic opportunity, equal rights, and the pursuit of happiness for all its people, straight and gay.
