By YKA Staff:
As of February 2, The Supreme Court of India has agreed to review its December 2013 judgement on Section 377 that criminalised homosexuality in India. It has said that a 5-judge bench will be hearing the case over the next few months. Under Section 377, even consenting adults in India can get up to 10 years in prison for any form of non-penile-vaginal sex. Deemed as ‘unnatural sex’ in the law, it has been the vehicle of prejudice and discrimination against the LGBT+ community in India for over 150 years!
The SC’s latest decision comes after a curative petition was filed by sexual health NGO Naz Foundation against its previous verdict. The 2013 judgement came as a shock as the apex court of India reversed a Delhi High Court that had read down Section 377, calling the LGBT+ community in India a ‘minuscule minority’. This was heavily argued upon as regardless of the community being a ‘minority’ or not, the rights of even a single individual in the world’s largest democracy should matter as much as any majority’s.
A ray of hope can be seen in India today as citizens rejoice amongst chants of ‘No going back!’ and ‘Down with 377!’. Some of the country’s most powerful voices have spoken up about the issue and with more people joining the fight, we can only hope that the coming few months see the end of this archaic, discriminatory law in India.
Here’s how people around the country are feeling today!
LGBT supporters react to the Supreme Court decision to refer case on decriminalising gay sex to a larger bench. pic.twitter.com/cRZ0fa4wOK
— BBC News India (@BBCIndia) February 2, 2016
This #gif captures the mood outside Supreme Court. #Section377 pic.twitter.com/Gax0dpmNaj
— The Quint (@TheQuint) February 2, 2016
Hurrah – #Section377 gets referred to a constitutional bench. There is hope yet. In the meantime our Netas should stop passing the buck too
— barkha dutt (@BDUTT) February 2, 2016
One more hurdle cleared for India's right to sexual freedom. S377 case sent to 5-judges- https://t.co/qaEzZ5Ip3O pic.twitter.com/Krr5Xm4XZH"
— Karuna Nundy (@karunanundy) February 2, 2016
Excellent. Supreme Court has basically agreed to re-visit its own ruling on Section 377. Now for that 5-judge bench to scrap it. #NoMore377
— Shiv Aroor (@ShivAroor) February 2, 2016
https://twitter.com/mmasc/status/694487306468634624
Sent: Supreme Court
To: World at large
Sub: Re Curative petition on 377.+ 5.
— Naomi Datta (@nowme_datta) February 2, 2016
🌈🌈🌈 YAAAASSS 🌈🌈🌈
— BuzzFeed India (@BuzzFeedIndia) February 2, 2016
YES YES YES!
Supreme Court Admits Curative Petition on Section 377, Refers it to 5 Judge Bench https://t.co/mG713Y9IFo via @gaylaxymagazine— Alakshendra (@alakyadav) February 2, 2016
Baby Steps! *puking rainbow* #Sec377 #LGBTQ #India
— Gaysi Family (@gaysifamily) February 2, 2016