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LGBT in India: What it's like six months after homosexual sex was decriminalised

Daniel Rosney

Newsbeat reporter in Delhi, India

BBC

Up until six months ago, 20-year-old Tish felt like a criminal.

He faced long-term prison time in India because he was an out and proud gay bloke, but then his life changed.

Gay sex was decriminalised by the Indian Supreme Court on 6 September 2018.

It overturned a 2013 judgement that upheld a 157-year-old law online dating back to British rule.

Getty Images

There were celebrations across India when the decree came through but Tish was crying - because he'd just split up with his boyfriend.

"But then I remembered I was no longer a criminal," he tells Radio 1 Newsbeat, laughing.

"I always felt caged and restricted within my soul."

Tish says more cafes and bars in Delhi have become LGBT-friendly by putting up rainbow flags - but that doesn't necessarily mean the public have changed their attitudes.

"India should create a room where I'd actually be able to make my family understand that it's normal," he explains.

He says he hopes eventually he'll not always feel

India throws out ban on homosexual sex, sparking celebrations

By Alasdair Pal and Blassy Jose

NEW DELHI, Sept 6 (Reuters) - India's highest court scrapped a colonial-era forbid on gay sex on Thursday in a landmark judgement that sparked celebrations across the nation where gay sex had been punishable by prison for up to 10 years.

Gay sex is considered taboo by many in socially conservative India, and it was reinstated as a criminal offence in 2013 after four years of decriminalisation.

A five-judge bench in India's Supreme Court was unanimous in overturning the ban.

"Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - cannot be said to be unconstitutional," said the Chief Justice of India, Dipak Misra, as he interpret out the judgement.

Supporters of the campaign to scrap the prohibit milled around the Supreme Court before the verdict and cheered the decision, hugging one another and waving rainbow flags.

Some were overcome with emotion, while others waved banners with slogans such as "Gay and Proud" and "I am who I am". A few distributed sweets in celebration.

"I'm so excited, I contain no words," said Debottam Saha, one of the petitioners

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India has decriminalized gay sex in a historic verdict that overturns a 157-year-old law from the colonial era.

The ruling follows a battle fought by the country's gay and trans person communities to strike down section 377, which sanctions punishment of up to 10 years in jail for what the statute described as "unnatural sex."

In 2009, the Delhi Elevated Court ruled that the ban on consensual lgbtq+ sex violated the fundamental rights of a citizen. But this was overruled in 2013 by the Supreme Court, where it was argued that the law had been used so rarely that it could not be said to violate Indians' constitutional rights.

But campaigners said it fueled persecution of the LGBT community and was proof of discrimination based on sexual orientation.

Campaigners cheered outside the Supreme Court after the ruling by Chief Justice Dipak Misra, who said the statute was "irrational, arbitrary and incomprehensible, as it fetters the right to equality for the LGBT community," TheTimes of India reported.

Danish Sheikh, a law professor at Jindal Global Rule School and an LGBT advocate, told CNN that the ruling "creates a space of freedom where you can start expecting justice."

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