By IANS,
New Delhi : For the members of the gay community, the Delhi High Court verdict Thursday that decriminalises homosexuality means one simple thing – now on living a life of dignity.
“The verdict has been a source of inspiration,” Ravi Sharma, a gay rights activist, told reporters here.
“The fact that the court pronounced that morality cannot be imposed and that it is our fundamental right to live the way we want to, is something we have been pining to hear for ages now,” Sharma said.
In a judgment that followed eight years of judicial battle, the Delhi High Court read down section 377 of the Indian Penal Code (IPC), emphasising that the constitution guaranteed homosexuals rights equal to what other citizens enjoy.
In a courtroom packed with around 100 people, half of them activists, Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said if not amended, Section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.
Section 377, a relic of the British Raj, relates to “unnatural offences” and says that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal should be punished”.
The Press Club of India where the petitioners of the Naz Foundation along with lawyers and members of the lesbian, gay, bisexual and transgender (LGBT) community gathered for a news conference in the afternoon was teeming with people – so much so that reporters had to stand on the staircase and listen to the panelists.
Tripti Tandon, a lawyer speaking on behalf of the Naz Foundation, said: “It was heartening to hear Justice A.P. Shah and Justice S. Muralidhar quote Nehru in saying that equality and inclusiveness are the tenets of our constitution while pronouncing the verdict.”
“Having said that, I hope the United Progressive Alliance (UPA) government always remembers what the first prime minister of the country had said and also always practices the virtues of inclusiveness, which it has championed,” she said.
As the experts sat talking, answering queries and discussing the verdict, a number of members of the transgender community – dressed in all their fineries and make-up – sat in front, smiling and holding one another’s hands.
“I am so happy. We can finally live with dignity and pride,” said Roshni, one of the transgender community members as she hugged her friends.
Anjali Gopalan of the Naz Foundation said: “This is a progressive beginning. But we have a long way to go. Judicial changes will give way to societal changes of accepting people for being themselves. It will take time but will happen eventually.”
According to National AIDS Control Organisation (NACO) there are 2.5 million men having sex with men (MSM) in India.