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Cambridge, MA, July 2009 - The Delhi High Court in India, the highest court body for the state of Delhi, issued a ruling on July 2, 2009 that reads down Section 377 of India’s Penal Code, a provision in Indian law that criminalized homosexuality with penalties ranging from fines to imprisonment. The ruling effectively decriminalizes homosexuality within the state of Delhi, and could likely lead to its decriminalization throughout the entire country.

Lesbian, gay, bisexual and transgender (LGBT) activists and public health advocates championed the court’s decision. The decision stems from litigation filed in 2001 by the Naz Foundation, a public health advocacy organization in India. The International Human Rights Clinic (IHRC) at Harvard Law School provided litigation support for the Lawyers Collective HIV/AIDS Unit, a legal aid organization that represented the Naz Foundation in its challenge to Section 377, and has worked closely with a core group of India-based non-governmental organizations working to overturn Section 377.

Sharanjeet Parmar, a former clinical instructor with the IHRC, supervised involvement with this case, and oversaw several Harvard Law School students' work on the petition.

“I’m thrilled that the IHRC was able to support the litigation for this important case, which represents a major victory for the queer community and the human rights community in India and around the world,” said Parmar. “The Court’s extensive reliance on international and comparative human rights law demonstrates how human rights bind all citizens of the world, who stand under a shared understanding of humanity and dignity.”

Under the Delhi High Court’s decision, consensual sex between adults of the same-sex is now decriminalized. In their ruling, the Court argued that efforts to criminally sanction homosexuality violate Articles 14 (right to equal protection), 15 (right to equality) and 21 (right to life) of the Indian Constitution.

Among the students who supported the Naz Foundation litigation included Stephanie Erin Brewer (J.D. ’07), Matthew Cipolla (J.D. ’07), and Aziza Ahmed (J.D. ’07). Ahmed said that the IHRC’s work on this case put students and staff alike at the center of an historical moment for LGBT rights.

“Being able to support the work of the organizations on this historic case was an incredible learning experience. As students, we were able to directly contribute to a transformation of the law in India from an oppressive instrument to a tool for the realization of human rights,” said Ahmed. “Our involvement in the clinic and with the lawyers on the ground has made us a part of a historic moment both in India and around the world.”

Brewer echoed those comments, and said that by striking down Section 377, the Delhi High Court recognized that all adults have the legal right to engage in consensual, loving relationships.

“I hope that other jurisdictions will not be long in following the Delhi High Court’s lead,” said Brewer. “I’m very happy to have had the opportunity to collaborate in this case.”.

Cipolla, now an attorney in New York, said that this case is unique for him in that it merges his work as a law student with the asylum work he does now at his firm.

"It was an emotional moment to get an email from my asylum client, whose case revolved around the threat of prosecution under Section 377," said Cipolla. "To see how this ruling had implications not only for global human rights activists, but also specifically for one individual shows two powerful sides of the law. For me personally it bridges the work I did as a clinical law student with the work I do as a young lawyer, and that's tremendously exciting."

To view the decision from the Delhi High Court overturning Section 377, please click here. For more background information on the eight-year litigation involving Section 377, please click here.