Amy Bhatt Associate Professor of Gender and Women's Studies, University of Maryland, Baltimore County

The Indian Supreme Court has legalized homosexuality, overturning a 157-year ban on consensual gay sex.

In a nearly 500-page unanimous decision issued on Sept. 6, India’s highest court affirmed that “whenever the constitutional courts come across a situation of transgression or dereliction in the sphere of fundamental rights which are also the basic human rights of a section, howsoever small part of the society, then it is for the constitutional courts to ensure that constitutional morality prevails over social morality.”

Gay rights advocates worldwide celebrated the legal victory, which came after nearly a decade of contentious court battles against a British colonial law criminalizing homosexual acts.

“Our court, our justice system, really believes in the rights of the people,” said Kalyani Subramanyam, program director for the Naz Foundation, the primary petitioner in the court case, which could open the door to gay marriage.

And the ruling is more than a human rights win. It is also a restoration of ancient Indian sexual norms.

India, homosexuality and the ‘third gender’

In that way, India’s ruling differs from recent court decisions legalizing gay marriage in Colombia, Taiwan and Germany – though for LGBTQ Indians, the impacts may be similarly life-changing.

Sexual and gender minorities in India are regularly harassed, assaultedand jailed.

Yet many gender researchers who study India – myself included – argue that India’s religious and cultural heritage has long been more accommodating to multiple gender and sexual expressions than Western societies.