Today, my morning began like any other. I hit the snooze button a couple of times around 6.45am, before giving in by 7 and rolling over to check my messages and do some Insta-scrolling before heading to the gym. I opened Instagram and was greeted with a feed awash in rainbow hues, hearts and exclamation points.
This was no ordinary day.
The Supreme Court of India had just unanimously ruled in favour of decriminalizing homosexuality and hearts were bursting with joy all over social media and all over the country. The fight to overturn Section 377 of the Indian Penal Code—which deems homosexual sex criminal and “against the order of nature”—has been a long one. Introduced by the British in 1861, it was struck down as unconstitutional by the Delhi High Court in 2009, only to be upheld by the Supreme Court in 2013. Numerous petitions were filed in response, and earlier this year a five-member panel was assembled to revisit the issue, finally ruling today that this section of Indian law is unconstitutional as it infringes upon the rights of its citizens.
In a lengthy verdict, excerpts of which are already going viral, Chief Justice Dipak Misra said, “Certain sections of our society have been living in shackles of exclusion. We have to vanquish prejudice and embrace inclusion and ensure equal rights.” Calling for the freedom of individual expression, he added, “I am what I am. So take me as I am. No one can escape from their individuality.”
This Draconian law may date back to the 1800s but India’s own history of tolerance and inclusion far pre-dates it. As the New York Times notes, “India has a complicated record on gay issues. Its dominant religion, Hinduism, is actually quite permissive of same-sex love. Centuries-old Hindu temples depict erotic encounters between members of the same gender, and in some Hindu myths, men become pregnant. In others, transgender people are given special status and praised for being loyal.”
That culture of free love was curbed by the British Empire, not just in India but in all its colonies. According to TIME magazine, “India joins 17 Commonwealth nations that have overturned laws criminalizing homosexuality, a legacy left behind in most of these nations by the former British colonial rulers. Homosexuality still remains illegal in 36 Commonwealth countries, including Singapore, Kenya and Sri Lanka.”
It’s been a long, long time coming but India is finally back on the right track, honouring its queerness in all its glory.
The post India Decriminalizes Homosexuality in Landmark Ruling appeared first on FASHION Magazine.
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