City Reporting – Delhi High Court Legalizes Gay Sex

It's legal Now

First comments, first reactions.

[Text and picture by Mayank Austen Soofi]

Shock. Disbelief. Euphoria. These were the first emotions experienced on 10.35am, July 2nd, 2009, in the jam-packed chamber one of Delhi High Court as a bench comprising Chief Justice A P Shah and Justice S Murlidhar legalized gay sex among consenting adults. “I’m standing in the High Court right now and everyone around me is just sobbing,” said a tearful Ms Rituparna Borah, a 28-year-old lesbian who is not ‘out’ at her office. “Finally, the dream has come true,” she said. The bench held that the law making gay sex a criminal offence violates fundamental rights.

As soon as the judgment was delivered, people present in the court started crying, jumping, and calling on their mobile phones spreading the good news to lovers, friends and families. “We’ve won the right to be human beings,” said an ecstatic Mr Mohnish Malhotra, a young gay man. He added: “I’m proud to be an Indian today.” Ms Lesley Esteeves, the queer rights activist and one of the main organisers of Delhi Gay pride parade was equally joyful. “I felt as if the judge spoke for me,” she said on phone from the High Court. “We all are very emotional right now.”

Each and every word of the verdict was listened to in an absolute pin drop silence. Everyone was holding hands and all stood up as the Chief Justice Shah started reading the verdict. “He quoted from Nehru’s freedom speech,” gushed Ms Ponni Arasu, 25, a law student who, too, was present at ground zero. “Now I can proudly declare that yes, I’m a bisexual,” she said.

As a Britisher I always felt guilty that section 377 was a legacy of colonial bureaucratic British law,” said Mr Steven Baker, a creative writing instructor in British Council. “ So today I feel proud to be a British in India.”

During the time of writing this piece, the happy people were restlessly hugging each other in the court premises. Plans were made to gather later in the day at Jantar Mantar to commemorate the ‘victory’. “We haven’t decided the time yet,” said Ms Esteves, “but we sure are having a party tonight.”

It’s legal now; Celebrations at Jantar Mantar

It's legal Now

It’s legal now; Celebrations at Jantar Mantar

It's legal Now

It’s legal now; Celebrations at Jantar Mantar

It's legal Now

It’s legal now; Celebrations at Jantar Mantar

It's legal Now

It’s legal now; Celebrations at Jantar Mantar

It's legal Now

It’s legal now; Celebrations at Jantar Mantar

It's legal Now