365Gay Agenda Blog

India is a country where any discussion of sex, let alone homosexual sex, is pretty much taboo. It is a country where conservative social values permeate national and regional politics.

But today, it is also a country that overturned a law that criminalized being gay.

There are so many things about this ruling that are momentous. First, it is an example of a functioning, independent judiciary ruling in favor of a minority group with very little public support. Second, the hubbub around the ruling suggests that the law will be respected, at least for now, or at least to the extent that those who can afford adequate representation and garner enough attention will no longer be persecuted for their sexuality. Third, it places the question of sex, its relationship to public health and public welfare, in the center of India’s public discourse.

Now, the BBC reports that this ruling will likely be appealed and a higher court, after hearing all the hubbub, might be less courageous.

But for now, one judge with the tools necessary to render independent and enforceable judgments, has truly struck a blow for equality.

The rule of law – the notion that independent governments, enforcement agencies, lawyers and judges all work together to create a more ordered and just society – is part of the development plan for most struggling countries. The U.S. gives millions in rule of law development aid every year. For most countries, the origins of the rule of law are too complicated, too diverse, to ever come to fruition. India, with its large land mass, larger population and huge poverty problem, is perhaps one of the least likely candidates for rule of law success.

And perhaps we can’t call one judgment rendered under strict media scrutiny rule of law success.

But we can celebrate the victory today and appreciate the fact that, when laws are implemented in an objective independent manner, equality wins out.