Author Name:   romilaw

The so called problem of homosexuality - the problem of the acts of 'gross indecency' and 'un-naturalness' as they were called in the much discussed prosecution of Oscar Wilde and a half a century later Alan Turing - have been resolved in many parts of the world by normalising homosexual expressions as a personal and private matter, and hence no longer a criminal offence.

In India, as in every country in the world, there exists a small minority of men who fall in love with other men, and women who fall in love with other women. These "same-sex-loving" men and women face wide-spread legal and social discrimination. As a result of films like "Fire" (1996), "Dostana" (2008) and "Dunno Y" (2010), and other discussions in the media, Indian society can no longer deny their existence. In NAZ Foundation v. Government of NCT of Delhi and Others[1], the Delhi High Court (consisting of Chief Justice Ajit Prakash Shah and Dr. Justice S. Muralidhar) took the first step towards dismantling the legal discrimination they face, by interpreting the Constitution of India as requiring a "reading down" of the offence of "carnal intercourse against the order of nature" in S. 377 of the Indian Penal Code but the same has been reversed by the Supreme Court of India in Suresh Kumar Koushal v. NAZ Foundation.[2]

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