In a groundbreaking step for India, a court ruled on Thursday to decriminalize homosexuality in the country’s capital, New Delhi.
The Delhi high court ruled that treating consensual gay sex as a crime is a violation of fundamental rights guaranteed by India’s constitution, reports the Associated Press. The ruling applies only in New Delhi, but it represents a major advancement in India, where a 148-year-old British colonial-era law makes gay sex punishable by up to 10 years in prison.
Activists say that the law, section 377 of the Indian penal code, encourages harassment of the LGBT community and discourages safe sex, which complicates efforts to fight HIV/AIDS. Only the Indian parliament can amend the law, but the government has not committed to action.
India's Naz Foundation filed the petition against section 377 in court eight years ago. The verdict may be challenged in the supreme court.
Religious leaders criticized the ruling as a dangerous Western import.
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