HISTORIC DAY FOR THE RIGHTS OF SEXUAL MINORITIES IN INDIA

UNCLAS NEW DELHI 001374 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM KWMN KDEM IN SUBJECT: HISTORIC DAY FOR THE RIGHTS OF SEXUAL MINORITIES IN INDIA REF: A) New Delhi 1356 B) 2008 New Delhi 2698 ¶1. (U) On July 2, the Delhi High Court issued a landmark judgment in support of the rights of the lesbian, gay, bisexual, transgender (LGBT) community in India. The High Court ruled that Section 377 of the Indian Penal Code that criminalizes consensual sex between adults (18 years of age or above) of the same gender is discriminatory and violates the fundamental rights enshrined in the Indian Constitution (See Reftel A for details on the law). However, the law appears to still apply to sodomy, nonconsensual sex between adults of the same gender, and sex involving minors. The High Court reached the verdict several years after the Naz Foundation, a NGO that works on HIV/AIDS issues, filed a petition challenging the constitutionality of the law (Reftel B). The court decision is a significant step toward ensuring equal rights for the LGBT community. In its ruling, the Court further stated "the provision of Section 377 runs counter to the Constitutional values and the notion of human dignity which is considered to be [the] cornerstone of our Constitution." ¶2. (SBU) Sections of the LGBT community present at the Delhi High Court were jubilant after the verdict. The Naz Foundation's Anajali Gopalan called it a "historic day." Maya Shankar from Sangini, an NGO that provides counseling to lesbian women, expressed surprise at the court's early verdict. Welcoming the decision, she said it will "make our work easier now and also help women come out of the social closet." Meena, an LGTBT rights activist was ecstatic, declaring, "it has been a long struggle and being in the closet has not been easy and this verdict will be a life-changing moment for the gay community." However, Maulana Khalid Rasheed, of the All India Muslim Personal Law Board called the verdict, "disappointing" and added that it is against Islamic law and Indian culture. He indicated the Muslim clergy will discuss the matter to determine the organization's future course of action. While there have been mixed reactions from sections of the society, Law Minister Veerappa Moily took a cautious stance, noting "he will have to study the judgment." ¶3. (SBU) Comment: Decriminalizing consensual sex between adult members of the same gender brings India in line with the majority of the world's nations and reaffirms India's bona fides as a liberal democracy. The High Court's decision also helps the government avoid having to decide whether to amend or repeal Section 377 on its own, and risk alienating conservative Indians. We do not believe the government will appeal the court's ruling. End Comment. BURLEIGH