The Delhi High Court (India has ruled that consensual gay sex is not criminal, even though section 377 of the Indian penal code deems it to be.
This ruling is not the end of the fight. While US is fighting for the equal rights to marriage, India is fighting for a lesser, however equally important right, to recognize homosexuality as legal.
Follow me under the fold for more on the court decision as well as why it is not the be all and end all of the fight.
For over 13 decades, gay sex has been deemed illegal in India. This followed a Colonial time hand-me-down from victorian sensibilities.
Two weeks ago, the second-time voted in Indian Government planned to take steps to legalize around the end of June. However, following opposition from Christian and Muslim religious groups, they backpedalled. The initial plan was for the Law ministry to consult with the Health minister, and the Home ministers of all states to take steps to decriminalize Homosexuality.
Naz foundation, an NGO (non governmental organization - used as short for non-profits and charity organizations in India) from Delhi involved ina fight against HIV/AIDS which has been fighting the good fight filed a petition in 2001 against the section 377 in Delhi High Court. Today, the Delhi High court has declared Section 377 as violating basic human rights and the UN charter of International Human Rights and rules homosexuality legal.
But this ruling is not binding on the rest of India. It is however, a valid precedent for a fight that just starts now. However, the challenges are bigger than here, in that US is a country where religious traditions (whichever religions) hold great importance. Consider as an anecdote the fact that 'The Da Vinci Code' movie was banned in the country due to severe opposition from Christian groups. Political parties are afraid of the stigma and the voting blocs that will be turned away because of religious persuasion if they did anything constructive.
I will add relevant links below and not cloud my text.
Wikipedia - Homosexuality in India
Two Steps Back - Indian Express
UNAIDS welcomes Delhi High Court decision