India’s Supreme Court has ruled that a colonial-era law criminalising homosexuality is unconstitutional, in a landmark decision for the country’s LGBT community after a two-decade legal battle.
The ruling upholds the principles of individual liberty in a conservative country, where majoritarian sentiments — often at odds with the Indian constitution’s liberal principles — tend to guide public policy.
But the court said the law could not be used to persecute consenting adults for consensual acts, with Dipak Mishra, chief justice, calling Section 377 “indefensible and manifestly arbitrary”.
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