Colors of India
India celebrates all flag colors after almost 20 years of fight against minorities repression
Section 377 is an old law, being introduced in the year of 1867 during the British government in India.
This law is divided in three sections:
- criminalizes any kind of sex act (consensual sex) between people of the same gender
- criminalizes any kind of sex which objective is not procreation
- criminalizes sex act between humans and animals
In 2001, NGOs Naaz Foundation and AIDS Bedhbhav Virodh Andolan opened the discussion about this section in Delhi High Court, but both were dismissed.
Eight years later, in 2009, Delhi High Court decided to criminalize the consensual sex between two people of the same gender, making it illegal.
However, in 2013, because of a dismissed plea, the 2009 decision was over tuned by the High Court.
Happily, in 2014 there was a sign of hope and transgenders were recognized as a third gender, being included in OBC quota. OBC — or Other Backward Classes — is a collective term used by India Government to classify castes which are socially or educationally or economically disadvantaged.
In 2017 the Supreme Court has upheld the right to privacy as a fundamental right. There were many discussions about homosexuality being a disease. Also, moralism and religious beliefs were also spot for the taboo.
January 2018 the Naaz Foundation judgement was requested to be reviewed by three member of Supreme Court.
And finally, today, Supreme Port gave its final veridic:
“We have allowed the government to interfere in the private lives of people, to discriminate against people on the basis of their sexual orientation and to infringe on the rights and freedoms the constitution has long upheld. The Supreme Court has today stood up for equality of all our citizens, it has stood up for dignity of individuals irrespective of personal preferences and it has stood up ultimately for the value of privacy which is itself a right the Supreme Court upheld last year”
-said Shashi Tharoor, Congress leader and Thiruvananthpuram MP.
India is full of joy today, and there is a good reason to celebrate, because it is not a matter of sexual preferences. It is all about the power of freedom that a democracy must guarantee for each person living in a nation.
