Get all your news in one place.
100's of premium titles.
One app.
Start reading
ABC News
ABC News
National
By South Asia correspondent Siobhan Heanue

India's top court strikes down gay sex ban

India has overturned a law banning gay sex.

Under the colonial-era law, homosexual activity was punishable by up to 10 years in jail.

But the country's Supreme Court on Thursday struck down the law in a unanimous judgement, in what is being hailed as a historic victory for the country's LGBTQI community.

One judge described the law, known as section 377, as "indefensible and irrational".

The judges also said gay people in India face deep-rooted trauma and live in fear.

"Thanks to all that fought for this, braving the worst sort of prejudice. This is a good day for human rights," Meenakshi Ganguly, South Asia director for Human Rights Watch tweeted.

There were scenes of celebration outside the court and beamed on live television across the country.

"The right to live with dignity has been recognised. Sexual orientation is a natural phenomenon determined by biology and science," the court's judgement said.

"Any discrimination on this basis is unconstitutional."

The section of the Indian penal code that criminalised gay sex came into force in 1862.

It was briefly overturned in 2009, but the Supreme Court reinstated it in 2013.

It was asked to reconsider its position by a small group of gay and lesbian activists who launched a legal petition.

While the penalty of jail time for gay sex had been rarely applied in recent years, India's LGBTQI community reported it was used to harass and intimidate them.

Sign up to read this article
Read news from 100's of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.