A Dark Day for India

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I am crouched over my work desk at the Naz Foundation (India) Trust, combing through another draft of the Public Interest Litigation (PIL) against Section 377 of the Indian Penal Code, which criminalizes homosexuality. This case will be Naz India versus Government of India. This is 1999.

It will be another two years before we file the PIL through our lawyers, the Lawyers Collective HIV/AIDS unit. If the process of drafting the 200-odd page PIL was long and cumbersome, it was a cakewalk compared to the journey ahead.

I represented Naz India on this PIL on paper and in the courts. Week after week, there were hearings in the Delhi High Court after the petition was filed in 2001. Good judges and bad judges. Good hearings and bad hearings. And then, the nightmare! Delhi High Court rejected the petition on grounds that Naz India was not an ‘affected party’. An appeal in the Supreme Court and a win. The case back in high court. More hearings.

Then in 2009, the Delhi High Court upheld the PIL. Our celebration was ecstatic, but it has turned out to be premature. There was a counter-appeal in the Supreme Court. And, today, the day of judgement.

After fourteen years of struggle, in today’s ruling, Justice Singhvi stated that the 2009 Section 377 ruling was “constitutionally infirm” and set it aside.

I’m only just beginning to digest the news. This is too big a set-back, a devastating moment for millions of LGBT people in this country and around the world. The fight will go on, and we will rally for our rights as equal citizens. We will persevere, and we will triumph.


The author, Shaleen Rakesh, is Director: Technical Support, India HIV/AIDS Alliance. Shaleen was instrumental in filing the PIL in Delhi High Court on behalf of Naz Foundation.

India HIV/AIDS Alliance (Alliance India) is a diverse partnership that brings together committed organisations and communities to support sustained responses to HIV in India. Complementing the Indian national programme, Alliance India works through capacity building, knowledge sharing, technical support and advocacy. Through our network of partners, Alliance India supports the delivery of effective, innovative, community-based HIV programmes to key populations affected by the epidemic.

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