New Delhi — India’s top court on Thursday struck down a colonial-era law that made homosexual acts punishable by up to 10 years in prison, a landmark victory for gay rights in the world’s largest democracy.
In a unanimous decision, five Supreme Court justices ruled that the law was a weapon used to harass members of India’s gay community and resulted in discrimination.
After the ruling, opponents of the law danced and waved flags outside the court.
The law known as Section 377 — put in place by the British in 1861 — held that intercourse between members of the same sex was against the order of nature.
“We feel as equal citizens now,” activist Shashi Bhushan said. “What happens in our bedroom is left to us.”
The five petitioners who challenged the law said it was discriminatory and led to gays living in fear of being harassed and prosecuted by police.
Arvind Datar, the attorney for the petitioners, argued in the court that the penal provision was unconstitutional because it provides for the prosecution and sentencing of consenting adults.