LGBT Rights in India

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2014 National Black Members' Conference
3 January 2014

Conference notes with alarming shock the ruling by India’s Supreme Court on December 11, 2013, that same-sex conduct between consenting adults remained a criminal offence. This is a setback for the rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) people. The court reversed a landmark 2009 Delhi High Court decision that a colonial-era law infringed upon fundamental rights provided under the constitution.

Conference, the Indian Supreme Court held that the 150-year-old law, criminalizing gay sex, “does not suffer from the vice of unconstitutionality,” thus setting back hard work by the LGBT community, in particular by extraordinary organizations such as Naz and Humsafar.

Conference LGBT rights are not seen as individual rights in India. Once again, the country is sadly choosing to treat life and liberty, not as being unalienable rights, but instead as matters to be judged based on clout, numbers, and “contribution to the community.”

Conference therefore calls upon the National Black Members Committee to work with the LGBT Committee to campaign and support the LGBT community who are choosing to take a public stand against the Indian Supreme Court ruling.

Conference further calls upon the National Black Members Committee voice their support of LGBT rights as part of the “I, Ally” campaign.