LGBTI laws outside of North America

 India

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The term "LGBTI" is an acronym for "Lesbian, Gay,
Bisexual, Transgender/Transsexual, Intersexual.

Background:

Section 377 of the Indian penal code dates from 1861, during the British colonial era. Now 148 years old, it still criminalizes "carnal intercourse against the order of nature."

The law was placed on the books long before scientists established that same-sex sexual behavior is natural; all mammals engage in it, as well as many other animals.

2009-JUL-02: New Delhi, India: Same-sex behavior decriminalized:

The New Delhi High Court issued a 105 page judgment, ruling stating that the 148-year-old law prohibiting consensual same-sex sexual acts by adults was: discriminatory, a "violation of fundamental rights," and thus unconstitutional. It carries a jail sentence of up to ten years. The ruling said, in part:

"It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual."

Although the ruling only applies to India's capital city, the government of India is expected either to appeal the decision to the country's Supreme Court, or to repeal the 1861 law -- Section 377 of India's penal code.

National Public Radio commented:

"Homosexuality is slowly gaining acceptance in some parts of India, especially in its big cities. Many bars have gay nights, and some high-profile Bollywood films have dealt with gay issues. The last two years have also seen large gay pride parades in New Delhi and other big cities such as Mumbai and Calcutta. Still, being gay remains deeply taboo in most of the country, and a large number of homosexuals hide their sexual orientation from their friends and families."

2009-JUL-20: Indian Supreme Court refuses stay:

The petitioner before the New Delhi High Court, astrologer Suresh Kumar Kaushal, asked the Supreme Court to issue a stay of the JUL-02 ruling of the High Court.

The Supreme Court denied his petition, noting that:

''... there are no serious consequences of the High Court's order. If there was any apprehension of criminal cases being filed, this court would have interfered.''

The Court has asked the Union Government of India to clarify its stance on gay rights, and granted them eight weeks to respond.

Disclaimer:

This image is provided for general information only. If you are considering travel to India we strongly recommend that you obtain up-to-date information on the status of protection/recognition/persecution laws in that country.

References used:

The following information source was used to prepare and update the above essay. The hyperlink is not necessarily still active today.

1. "LGTBI rights in the world." International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), 2008-MAY, at: http://www.ilga.org/
2. "New Delhi court overturns gay sex ban," The Dallas Morning News, 2009-JUL-03, at: http://www.dallasnews.com/
3. "New Delhi Court Decriminalizes Homosexuality," NPR, 2009-JUL-02, at: http://www.npr.org/
4. "Gay Law: SC refuses to stay HC judgement [sic]," NewKerala.com, 2009-JUN-20, at: http://www.newkerala.com/

Original posting: 2009-JUL-03
Latest update: 2009-JUL-21
Author: B.A. Robinson

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