Equality is now prevalent and Section 377 has been condemned by the Delhi High Court. The Delhi High Court today decriminalised gay sex between consenting adults. It clearly stated that the Constitution does not allow law to be held captive by popular “misconceptions” and prejudice. Invoking Jawaharlal Nehru and the Constitution’s spirit of inclusiveness, Chief Justice Ajit Prakash Shah and Justice S. Muralidhar held that Section 377 of the Indian Penal Code, “insofar it criminalises consensual sexual acts of adults in private,” violated the principles of equality and non-discrimination contained in Articles 14, 15 and 21 of the Indian Constitution.
On 22nd September 2008, Youth Ki Awaaz featured an article on Homosexual’s being prejudiced and about why are we failing to accept them? The article condemned the fact that Homosexuality was unacceptable in India.
But now there is a sigh of relief, Homosexuality has finally been accepted. The Indian Gay community and activists rejoiced throughout India and celebrated their victory. The decision of the Delhi High Court will now be challenged in the Supreme Court of India, where this case will be tried.
Let’s hope that equality prevails over prejudice. If the SC upholds the judgment of the High Court, we might see a little tiff between the Parliament and the SC.