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Politics

India Legalizes Gay Sex, the LGBTQ Community Celebrates Historic Win

"The long battle has been won. Finally, we have been recognized by this country.”

Taylor Henderson

Taylor Henderson is a PRIDE.com contributor. This proud Texas Bama studied Media Production/Studies and Sociology at The University of Texas at Austin, where he developed his passions for pop culture, writing, and videography. He's absolutely obsessed with Beyoncé, mangoes, and cheesy YA novels that allow him to vicariously experience the teen years he spent in the closet. He's also writing one!

Read Full Bio

Taylor Henderson

cornbreadsays

September 06 2018 1:19 PM EST

May 31 2023 3:36 PM EST

After an 18-year legal battle, India’s Supreme Court has struck down a 150-year-old ban that penalized same-sex intercourse for being "against the order of nature," effectively legalizing gay sex.

“The law must be interpreted as per the requirement of changing times,” said the Supreme Court on Thursday. “Consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied, as it is a matter of individual choice.”

“Members of LGBT community members and their family members are owed an apology from society for being denied equal rights over the years," added Justice Indu Malhotra.

India's LGBTQ community is celebrating the huge win.

\u201chttps://t.co/nMr1PGUsPT\u201d
— Grace Hauck (@Grace Hauck) 1536215710

“I can’t even explain how I am feeling right now. The long battle has been won. Finally we have been recognized by this country,” said Bismaya Kumar Raula told CNN.

Campaigner Rituparna Borah added, "It's an emotional day for me. It's a mix of feelings, it's been a long fight. There was not enough media or society support earlier but we have it now. People will not be seen as criminals anymore."

\u201cThaaaattt moment when the #Section377 was struck down.\u201d
— Garvita Khybri (@Garvita Khybri) 1536209889

\u201cThe LGBT Community in Chennai distributed chocolates to celebrate freedom from #377 #Section377\u201d
— Tanushree Roy (@Tanushree Roy) 1536218156

It has been a long and hard road to gain equal rights in India. The Delhi High Court actually decriminalized gay sex in India in 2009, but the judgment was overturned by the Supreme Court in 2013. The ruling was able to be challenged again last year after India's Supreme Court ruled that privacy was a fundamental right.