Members of India's Lesbian Gay Bisexual and Transgender (LGBT) community scored a major victory in 2009 when a New Delhi court ruled a national law prohibiting gay sex was a violation of human rights. Around four years later on Wednesday, the country's Supreme Court reversed the decision, claiming only lawmakers -- and not the courts -- had the right to change a policy that had been in place since 1860's, USA Today reported.
"Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal" could face up to ten years in prison, according to the colonial-era law.
Though the law is rarely used, its existence represents a barrier for LGBT individuals in India's conservative society. Activists also claim it leaves them open to discrimination and police harassment, though acceptance is improving slowly in the larger cities, USA Today reported; in recent years, activists organized gay pride parades through city streets.
"We cannot be forced back into the closet. We are not backing off from our fight against discrimination," said Gautam Bhan, one of many activists who petitioned the court. A group of activists and other supporters cried and hugged each other outside the courtroom after the final decision.
"This is a very sad day for us, we are back to square one in our fight for the democratic rights of the gay community," said Ashok Row Kavi of the activist group Humsafar Trust.
Though gay rights supporters suffered a huge setback on Wednesday, opposing groups such as the All India Muslim Law Board, Christian groups and Hindu spiritual leaders reveled in the reversal. In a "rare alliance," they worked together to petition against the 2009 decision, according to USA Today.
"Only a man and a woman constitute a family and contribute for the holistic development of a child, which is not possible without a father and a mother," Amod Kanth, head of the Prayas organization for children's welfare, told the Press Trust of India.
Yet, India also has a storied history of accepting and even worshiping transgender individuals known as hirja. They were believed to hold the keys to fertility.
