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Udayan Dhar is editor in chief of Pink Pages – India’s national LGBT magazine.
Hope in India despite gay sex being made illegal again

in INDIA, 20/12/2013

A court decision two days ago recriminalized gay sex in India – putting 17% of the world’s homosexuals on the wrong side of the law. But now hope is returning.

On a sunny morning in July 2009, a landmark judgment from the Delhi High Court brought a new dawn of freedom to millions of LGBT Indians.

They had spent more than 150 years under the tyranny of a colonial era British law – Section 377 of the Indian Penal Code – that criminalized ‘sexual acts against the order of nature’, which included consensual gay sex. The High Court fell back on India’s constitutional guarantee of freedom and equality and eloquently said: ‘Indian Constitution does not permit the statutory criminal law to be held captive by popular misconception of who the LGBTs are...

‘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.’

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