Skip to content
Support Us

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Taoiseach hails 'enormous step forward' as India decriminalises gay sex in historic ruling

A colonial-era law saw homosexual acts punishable by 10 years in prison.

LAST UPDATE | 6 Sep 2018

India Gay Rights An activist wears a badge protesting against Section 377 Rafiq Maqbool / AP/PA Images Rafiq Maqbool / AP/PA Images / AP/PA Images

INDIA’S TOP COURT has 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.

“We feel as equal citizens now,” activist Shashi Bhushan said. “What happens in our bedroom is left to us.”

The law — known as Section 377 — held that intercourse between members of the same sex was against the order of nature. 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.

APTOPIX India Gay Rights Supporters and members of the LGBT community celebrate the ruling Rafiq Maqbool / AP Rafiq Maqbool / AP / AP

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.

A New Delhi High Court in 2009 declared Section 377 unconstitutional, but that decision was overturned in a ruling by three Supreme Court justices in 2013 on the grounds that amending or repealing the law should be left to Parliament.

But lawmakers failed to take action and in July the government told the Supreme Court to give a ruling in the case.

Over the past decade, LGBT people have gained a degree of acceptance in parts of deeply conservative India, especially in big cities. Some high-profile Bollywood films have dealt with LGBT issues.

Taoiseach Leo Varadkar reacted to the news today, calling it an “enormous step forward”.

Karan Johar, a Bollywood producer and director, said today’s verdict was history in the making.

“So proud today! Decriminalizing homosexuality and abolishing section 377 is a huge thumb up for humanity and equal rights! The country gets its oxygen back!” he wrote on Twitter.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
35 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Michael Evans
    Favourite Michael Evans
    Report
    Aug 8th 2015, 9:16 PM

    Around 15 of them were swooping down at my dog last week, it was like a scene from The Birds! I had to run out and grab the dog and bring him in. It was actually pretty scary, the are big feckers when they up close!

    66
    Install the app to use these features.
    Mute Shawn Rahoon
    Favourite Shawn Rahoon
    Report
    Aug 8th 2015, 8:21 PM

    And you think we’re gullable to swallow that gack.

    66
    Install the app to use these features.
    Mute Eddie Binbags
    Favourite Eddie Binbags
    Report
    Aug 8th 2015, 10:50 PM

    Seen a massive gull eating a rabbit the other day. Wtf!

    30
    Install the app to use these features.
    Mute Seán Leahy
    Favourite Seán Leahy
    Report
    Aug 8th 2015, 9:33 PM

    I got 8/10 by just guessing the pattern the answers were arranged.

    65
    Install the app to use these features.
    Mute Cian O Donoghue
    Favourite Cian O Donoghue
    Report
    Aug 8th 2015, 11:17 PM

    Rain man

    52
    Install the app to use these features.
    Mute Supernova
    Favourite Supernova
    Report
    Aug 8th 2015, 8:05 PM

    Without looking at the questions I just guessed all of them and got 9/10 beat that!

    49
    Sam
    Install the app to use these features.
    Mute Sam
    Favourite Sam
    Report
    Aug 8th 2015, 8:45 PM

    I got 10

    57
    Install the app to use these features.
    Mute Supernova
    Favourite Supernova
    Report
    Aug 8th 2015, 9:05 PM

    You could of just kept it to yourself.. Tut

    37
    See 3 more replies ▾
    Sam
    Install the app to use these features.
    Mute Sam
    Favourite Sam
    Report
    Aug 8th 2015, 9:09 PM

    I like to gloat

    46
    Install the app to use these features.
    Mute Trevor croft
    Favourite Trevor croft
    Report
    Aug 8th 2015, 9:26 PM

    That can’t be right, play it again Sam

    45
    Install the app to use these features.
    Mute Michael Sands
    Favourite Michael Sands
    Report
    Aug 9th 2015, 5:37 PM

    5 out of 10 gives you a gull sitting on Daniel O’Connell’s head?

    1
    Install the app to use these features.
    Mute Thomas Farrell
    Favourite Thomas Farrell
    Report
    Aug 8th 2015, 11:43 PM

    The seagulls in the first picture look like there getting ready to drop a new rap album

    41
    Install the app to use these features.
    Mute Cheryl Mellett
    Favourite Cheryl Mellett
    Report
    Aug 8th 2015, 8:57 PM

    Ah come on journal stop with the seagull propaganda!!!

    37
    Install the app to use these features.
    Mute Trevor croft
    Favourite Trevor croft
    Report
    Aug 8th 2015, 9:17 PM

    There’s some crazy birds out there.

    35
    Install the app to use these features.
    Mute Leo Massey
    Favourite Leo Massey
    Report
    Aug 8th 2015, 9:12 PM

    I’d just like to point out to the ‘journalist’ and most of the commentators that there is no such thing as a seagull.
    There are only gulls.
    Who live by the sea.

    32
    Install the app to use these features.
    Mute Rob Mahony
    Favourite Rob Mahony
    Report
    Aug 9th 2015, 8:21 AM

    saw a seagull attack a fella for his mcDonalds breakfast on grafton street about a year ago.
    Funniest thing ever….poor fella his breakfast ended up on the ground and seagull made off with it

    15
    Install the app to use these features.
    Mute stephen
    Favourite stephen
    Report
    Aug 9th 2015, 12:14 PM

    I’m looking at every seagull like there going to attack me because of the media , I look at Muslims the same way , I’m just a gullible moron

    8
    Install the app to use these features.
    Mute Jimmy Murphy
    Favourite Jimmy Murphy
    Report
    Aug 9th 2015, 1:57 PM

    Mine mine mine mine mine mine mine mine mine mine ‘Ah will you just shaaaaaaaadup!!!!’

    6
    Install the app to use these features.
    Mute Dr Grinspoon
    Favourite Dr Grinspoon
    Report
    Aug 8th 2015, 8:51 PM

    Hahaha the most evil seagul on the planet watch this. – FOR MATURE AUDIENCE ONLY!” on YouTube
    https://youtu.be/JOVRXEjFh-U

    5
    Install the app to use these features.
    Mute Dr Grinspoon
    Favourite Dr Grinspoon
    Report
    Aug 8th 2015, 8:52 PM

    Bare through the first 20 seconds.

    3
    Sam
    Install the app to use these features.
    Mute Sam
    Favourite Sam
    Report
    Aug 8th 2015, 9:02 PM

    That’s disgusting. Did you have to post that?

    8
    See 4 more replies ▾
    Install the app to use these features.
    Mute Dr Grinspoon
    Favourite Dr Grinspoon
    Report
    Aug 8th 2015, 9:08 PM

    The world must know of this evil seagul. Hes the one who started it all. Sure listen to his evil laugh!

    13
    Install the app to use these features.
    Mute TheDoctor
    Favourite TheDoctor
    Report
    Aug 8th 2015, 9:37 PM

    That laugh. Holy crap.

    10
    Install the app to use these features.
    Mute Jimmy Murphy
    Favourite Jimmy Murphy
    Report
    Aug 9th 2015, 1:54 PM

    That evil laugh is something else.

    2
    Install the app to use these features.
    Mute Michael Sands
    Favourite Michael Sands
    Report
    Aug 9th 2015, 5:41 PM

    And no one did a thing to help not even the camera man…
    Reminds me of the story of Legion and the pigs who jumped over the cliff…

    1
    Install the app to use these features.
    Mute Anthony Byrne
    Favourite Anthony Byrne
    Report
    Aug 9th 2015, 11:21 AM

    More entertaining than today’s news anyway

    5
    Install the app to use these features.
    Mute Niall Schweppe
    Favourite Niall Schweppe
    Report
    Aug 9th 2015, 11:19 AM

    What is a seagull, there are common gulls, herring gulls even black-headed gulls but what is a sea gull?

    3
    Install the app to use these features.
    Mute Michael Sands
    Favourite Michael Sands
    Report
    Aug 9th 2015, 5:38 PM

    The ones who are seen lol.

    3
    Install the app to use these features.
    Mute Linda Swayne Whyte
    Favourite Linda Swayne Whyte
    Report
    Aug 9th 2015, 10:43 AM

    Just goes to show how hungry they are. On slea head, dingle, in april 2015, they actually took crackers from my hand (I was feeding them at the time), never before have I know seagulls to do this. All the birds seem very hungry this year from the smallest to the largest. Instead of culling them, how about feeding them.

    3
    Install the app to use these features.
    Mute Enda Elvery
    Favourite Enda Elvery
    Report
    Aug 9th 2015, 8:03 AM

    Watched the gull eating the pigeon on video.
    Birds eat live worms.
    We put live worms on hooks to fish
    Reminds me of us eating live oysters
    Or boiling crabs alive.

    2
    Install the app to use these features.
    Mute Michael Sands
    Favourite Michael Sands
    Report
    Aug 9th 2015, 5:36 PM

    Calm down as you have a government to run, lol.

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a comment

 
cancel reply
JournalTv
News in 60 seconds