In a landmark judgment on September 6, the Supreme Court of India painted the country in colours of the rainbow when it announced its verdict that decriminalized Section 377.
Section 377 of the Indian Penal Code considered consensual sex between people of the same gender as illegal or ¡°against the order of nature.¡±
However, after activists and members of the LGBT community fought tooth and nail for this judgment, their efforts finally reaped rewards. Though the Delhi High Court had decriminalized homosexuality in 2009, a Supreme Court order repealed this decision in 2013. Five years later, the verdict was pronounced and this time, the country hopes not to be reversed.
LGBTQ members could be seen rejoicing as they cheered on streets, played drums and waved rainbow flags. The decision was appreciated by celebrities and common people alike. Many believe it is a milestone in India¡¯s path to progress.
Photo: AP
The United Nations too praised India for its landmark decision. The United Nations programme on HIV/AIDS brought new insights into synchronisation with the judgment. UNAIDS took to microblogging site, Twitter on which they welcomed the judgment.
They issued a press statement highlighting that by criminalizing sex between people of the same gender, the country was not only repressing their fundamental rights but also thwarting them from accessing HIV-preventive measures.
Michel Sidib¨¦, Executive Director of UNAIDS said, ¡°Today is a day of gay pride, a day of celebration, a day when respect and dignity were finally restored in India for lesbian, gay, bisexual, transgender and intersex people. I applaud the brave activists, civil society organizations and community groups that have fought long and hard for this injustice to be reversed.¡±
The press statement said that criminalising homosexuality hindered people from accessing and using HIV prevention, testing, and treatment services and increases their risk of acquiring HIV. This statement was corroborated with statistical data that shows, HIV is prevalent among 2.7% of gay men in India. Whereas, HIV prevalence among transgender people in the country stood at 3.1%, compared to the national HIV prevalence among adults in India which accounted for just 0.26%.
The statement even revealed surprising details that three out of every ten gay men and four out of every ten transgender people in India were suffering from HIV, a status they are completely unaware of. Many of these people do not even have access to HIV treatment.
¡°I hope this decision sets the trend and is followed by similar decisions in other countries that remove unjust laws criminalizing homosexuality,¡± said Sidib¨¦.
Gay men accounted for 18 percent of all new HIV infections worldwide. UNAIDS not only aims at ensuring zero AIDS-related deaths but is also committed towards ensuring zero discrimination. It urged other countries to follow suit and enforce laws that would protect people from violence and discrimination, address homophobia and transphobia and ensure that crucial health services are made available.