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LGBTQ Students in India Challenge Top Court to Overturn Law Criminalizing Gay Sex

LGBTQ students at Indian Institute of Technology are asking India’s top court to overturn section 377 of the India Penal Code as the Times of India reports. This law, which was reinstated in 2013, criminalizes same-sex intercourse. Offenders can be imprisoned for up to 10 years.

According to the Times of India, in 2009 the Supreme Court had originally ruled section 377 as unconstitutional, but reversed their decision in 2013 despite the pleas of the LGBTQ community in India. Twenty LGBTQ students and alumni of IIT from across the country have petitioned the Supreme Court stating that this law is a violation of basic human rights, as India Times notes.

“Despite being amongst the brightest mind in the country, having graduated from top national institutions, with the best possible opportunities available in terms of career, they are nevertheless criminalized by the archaic colonial provision in Section 377 and are deprived of the rights and freedom guaranteed to them by the Constitution,” the petition said. “As a result, several of the petitioners have had to grapple with depression, self-harm, and other mental health issues, including even suicidal thoughts and attempts, all of which have had a very deleterious effect on their academic and career prospects.”

People across India have showed their support for the petitioners on Twitter, stating that it is high time this outdated law was overturned:

Proud to be a part of this!!! It’s high time section 377 is wiped off the face of earth!!! #IITiansVs377 #LGBTQIITians #LGBT #LGBTRights https://t.co/GSahVzaak4

— Rakesh Kumar Duan (@RakeshDuan) May 14, 2018

We are getting more petitions challenging Section 377 and its fabulous. Lets flood the Supreme Court. In the words of Anand Grover – the SC has with the privacy judgement put the knife into Section 377 – all that is needed is to twist it and pronounce its death. #section377 https://t.co/7x2TSBD0BY

— Jayna Kothari (@jaynakothari) May 15, 2018

Indeed a bold move..bravo….truly said “we fall in love with a person not with a gender” I support…live and let live.. https://t.co/KfEja7BnwB

— Rashmi P (@rashmipriya23) May 14, 2018

On Thursday, the high court agreed to hear the petitioners’ case. Her Campus will update this story as more develops. 

Syd Stephenson

Oklahoma '20

Syd is an LGBTQ Studies junior at the University of Oklahoma. Currently, they are the senior editor for Her Campus, OU and a national blogger for Her Campus. After college, Sawyer hopes to work in journalism, the non-profit sector or as a lawyer. Previously, they were the assistant engagement managing editor and copy editor at the OU Daily. In their free time, they love to rock climb, exercise, read books about food, play with their cat Pizza, and put stickers on everything.