In a historic decision that overturned a 157-year-old colonial-era law, India’s Supreme Court ruled that discrimination on the basis of sexual orientation is a fundamental violation of rights. Although citizens in India’s biggest cities are in favor of scrapping the law, there remains opposition among some religious groups and rural communities. But this ruling, from India’s top court, is the final say in the matter and represents a huge victory for India’s gay, lesbian, bi-sexual and transgender community.
The decision, which was unanimous, was delivered by a five-judge bench. Justice D.Y. Chandrachud said the state had no right to control the private lives of LGBT community members and that the denial of the right to sexual orientation was the same as denying the right to privacy. Justice Indu Malhotra said she believed “history owes an apology” to LGBT people for ostracizing them.
Last updated: December 26th, 2025
