Lifestyle / India’s Supreme Court Reviews Section 377 To Decriminalize Homosexuality

India’s Supreme Court Reviews Section 377 To Decriminalize Homosexuality

Lifestyle Feb 06, 2016

by Rumnique Nannar

After almost two years and eight petitions from LGBT activists, groups and scientific organizations, India's Supreme Court is reviewing Section 377, which outlaws homosexuality and gay sex.

On Tuesday, the Supreme Court heard petitioners' claims against the Section 377 ruling of 2013. The court said that a five-judge bench would review the ruling. The review will be headed by India's chief justice. The decision to review the ruling has given hope to many of the activists and groups involved.

With five judges reviewing the decision, an expansive and in-depth hearing will likely examine the ruling. The decision to review the ruling has been a long time coming for the community. After the ruling was struck down in 2009 to much fanfare and celebration, the court upheld Section 377 in 2013.

Section 377 has a troubled history. It was instated in 1860 during the colonial era. It defines a same-sex relationship as an "unnatural offence" punishable by a 10-year jail term. Objectors included the Apostilic Churches Alliance and the Indian Muslim Personal Law Board. Both groups said that repealing Section 377 would make homosexuality legal in India.

The LGBTQI community have found an unlikely ally in Cardinal Oswald Gracias, the archbishop of Bombay and president of Conference of Catholic Bishops in India.

_{India's most senior Catholic priest, Cardinal Gracias, is on board with the changes.

Photo Credit: Gay Star News}

"I have met some groups and associations of LGBTs and I had an understanding for them. I don’t want them to feel ostracised. I feel that homosexuality should not be criminalised. For me it’s a question of understanding that it’s an orientation. I believe maybe people have this orientation that God has given them and for this reason they should not be ostracised from society. The Church is concerned, and if you’re Christian or Catholic and if you’re part of the Church you have to have compassion, sympathy and understanding toward them," said the cardinal to The Hindu.

_{Activists cheer outside the Supreme Court on Tuesday.

Photo Credit: The Hindu}

There hasn't been an exact date set for the next hearing, but the decision to review the law is a step forward. Previous attempts to strike down the law include the private-members bill that MP Shashi Tharoor tried to introduce last year, which was struck down during the first reading. While the BJP has been reticent about the upcoming review, the Congress party has welcomed the change and supports decriminalization.

"In the Congress Party, we have always believed that Section 377 should be decriminalised. Matters of choice and whom you want to love should be left to individuals, rather than society at large and rather than making it a criminal offence," said Randeep Surjewala, Congress spokesperson.

_{Activists marched at a rally earlier this year.

Photo Credit:}_{The Hindu}

It remains to be seen whether the five judges will rule in favour of repealing Section 377. Just this year, trans rights had a moment with the courts recognizing a "third gender." India could set a precedent for its neighbours, like Nepal and Pakistan, in decriminalizing homosexuality and getting rid of a draconian and archaic law.

^{Main Image Photo Credit: BBC}

Rumnique Nannar

Author

Rumnique Nannar is a new journalist with a passion for all things pop culture, film, and art. Rumnique was born in London, with a predilection for devouring English chocolate with her Vogue, ANOKHI, and Glamour magazines in tow. She is currently in her Journalism Masters at UBC. Connect ...

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India’s Supreme Court Reviews Section 377 To Decriminalize Homosexuality

by Rumnique Nannar

After almost two years and eight petitions from LGBT activists, groups and scientific organizations, India's Supreme Court is reviewing Section 377, which outlaws homosexuality and gay sex.

Rumnique Nannar

COMMENTS

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