Photo credit: Vinayak Das
(Creative Commons license)

If you are gay, you’ll now need to be very discreet while you are in India. In 2009, a High Court struck down the colonial law making homosexuality a crime; but yesterday India’s top court ruled that decision as unconstitutional. In other words, they have upheld the original law. That means you can get up to ten years in prison for gay sex. Indian jails are brutal, and if you get arrested, you could get stuck in one for a long time just waiting for a trial.

In a major setback to gay activists, the Supreme Court on Wednesday held that homosexuality or “unnatural” sex between two consenting adults under Section 377 Indian Penal Code is an offence and this provision is not unconstitutional.

This ruling may put many people in danger who felt that they could safely be open about their sexuality. You can read a more detailed account here.

NB: in my book, I mentioned that homosexuality is now legal. I’m in the process of updating the book, and I hope to have the updated version available very soon.


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