THE GUARDIAN: Sex between people of same gender has been illegal in India since British colonial era
An Indian court today decriminalised homosexuality – but only in the country's capital, Delhi.
The Delhi high court ruled that treating consensual gay sex as a crime was a violation of fundamental rights protected by India's constitution.
The ruling is the first of its kind in the deeply conservative country.
"We've finally entered the 21st century," said Anjali Gopalan, the executive director of the Naz Foundation (India) Trust, a sexual health organisation that filed a petition calling for decriminalisation eight years ago.
The verdict can be challenged in India's supreme court.
Sex between people of the same gender has been illegal in India since a British colonial era law classified it as "against the order of nature".
According to the law, gay sex is punishable by 10 years in prison. While actual criminal prosecutions are few, the legislation has frequently been used to harass people.
It can only be amended by the Indian parliament, but the court's verdict should protect Delhi's gay community from criminal charges and police harassment.
While the ruling is not binding on courts in India's other states, Tripti Tandon, a lawyer for the Naz Foundation, said she hoped it would have a "persuasive" effect. >>> Associated Press | Thursday, July 02, 2009
Listen to BBC audio: Anjali Gopalan, head of the Naz Foundation which filed the petition that prompted the ruling, she said she was ecstatic >>>
