India’s Supreme Court is set to review the nations continued criminalisation of homosexuality, following successful challenges to the laws constitutional legitimacy.
The decision which was announced on Monday the 8th of January 2018 has left the rainbow community hopeful for progress with a possible reconsideration of the Supreme Courts 2013 decision to uphold Section 377 of the Indian Penal Code, which punishes “carnal intercourse against the order of nature” with imprisonment.
The Supreme Courts decision follows an August 2017 ruling by the same court that found that the right to privacy is “a fundamental right” and that “sexual orientation is an essential attribute of privacy.”
Three justices of the court have since referred the matter to a larger bench of judges to assess/confirm whether the current law is in fact unconstitutional.
Speaking about the decision, the justices acknowledged that “the order of nature is not a constant phenomenon” and that “societal morality also changes from age to age.”
“What is natural to one may not be natural to others … A section of people or individuals who exercise their choice should never remain in a state of fear,” They added.
The long-standing discriminatory law is expected to come under review by the court before October 2018.