“History owes an apology to the members of this community and their families … for the ignominy and ostracism that they have suffered through the centuries. The members of this community were compelled to live a life full of fear of reprisal and persecution.” With these words, Justice Indu Malhotra, one of the judges of the Indian supreme court, held that section 377 of the penal code, which criminalises consensual sexual acts between adults of the same sex, was unconstitutional.
As one of the lawyers involved in a previous constitutional challenge to section 377 before the Delhi high court and the Indian supreme court, I know how important today’s judgment is. By ruling against the colonial-era law, the court delivered a powerful riposte to institutionalised disgust and contempt aimed at the LGBT community in India.
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