India throws out ban on gay sex, but challenges remain

NEW DELHI (Reuters) – India’s top court scrapped a colonial-era ban on gay sex on Thursday, in a landmark judgment that sparked celebrations across India and elsewhere in South Asia, where activists hope to push for similar reform.

Gay sex is considered taboo by many in socially conservative India, as well as in neighboring Bangladesh, Sri Lanka and Pakistan. It was reinstated as a criminal offense in India in 2013, punishable up to 10 years in prison, after four years of decriminalization.

A five-judge bench in India’s Supreme Court was unanimous in overturning the ban. But the ruling could face a legal challenge from groups that say gay sex erodes traditional values.

“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 read out the judgment.

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