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Three Trials
In 2008, a case stood unresolved before India's High Court, calling for reading down Section 377 of the Indian Penal Code. That provision, almost 150 years old, punishes "carnal intercourse against the order of nature with any man, woman or animal" with imprisonment up to life. This law, understood to criminalize consensual homosexual conduct, allows the state to invade the lives and intimacies of millions of adult Indians.
Five years earlier in the long-running case, India's Ministry of Home Affairs had submitted an affidavit supporting Section 377. It said: "The law does not run separately from society. It only reflects the perception of the society…. When Section 377 was brought under the statute as an act of criminality, it responded to the values and mores of the time in the Indian society." The ministry claimed that, by comparison to the United Kingdom and the United States of America, "Objectively speaking, there is no such tolerance to [the] practice of homosexuality/lesbianism in the Indian society."
This was sheer amnesia. Section 377, at its origin, did not respond to Indian society or its "values or mores" at all. British colonial governors imposed it on India undemocratically. It reflected only "the British Judeo-Christian values of the time," as the petitioners in the case told the court in reply. Indeed, on August 16, 2008-the sixty-first anniversary of India's freedom-the law's opponents marched in Mumbai and demanded the UK government "apologise for the immense suffering that has resulted from their imposition of Section 377. And we call on the Indian government to abandon this abhorrent alien legacy … that should have left our shores when the British did."