In an article published in this blog ( ‘Delhi out of the Closet’ on 07.05.2009), we have learned that New Delhi’s higher court “overturned the gay sex ban.” The article says:
“Homosexuality became illegal in 1861 when, under British rule, Section 377 of the Indian penal court was passed that prohibited ‘carnal intercourse against the order of nature with any man, woman or animal’.”
What strikes me here is that the law was approached as colonial legacy, a reminder of the British rule that left its mark on the Indian society. This approach, however, misses an important point [...]
