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When they are, many of them use protection. If they do it with a man who also sleeps with men, they'll only be barred from donating blood for one year.

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Gay rights advocate Peter Tatchell has argued that blood donors ought to be treated as individuals, not sexualities. He suggests that eligibility questionnaires "be made more detailed for men who've had sex with men, in order to more accurately identify the degree of risk.


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The long battle has been won. Finally we have been recognized by this country," said Bismaya Kumar Raula, wiping away tears outside the court. Others gathered said that, while they had anticipated a positive outcome, the result still came as a shock. It's a mix of feelings, it's been a long fight," said rights campaigner Rituparna Borah. People will not be seen as criminals anymore. Though the law was rarely enforced in full, lawyers argued that it helped perpetuate a culture of fear and repression within the LGBT community.

Thursday's historic ruling is the culmination of a lengthy and often fraught legal battle for equality in a country where homosexuality remains taboo. In , the Delhi High Court ruled that the ban on consensual gay sex violated fundamental rights. The decision, which only applied to the Delhi region, was quickly overruled by the Supreme Court in , following a petition launched by a loose coalition of Christian, Hindu and Muslim groups.

In its ruling, the Supreme Court said that only a "minuscule fraction of the country's population constitute lesbians, gays, bisexuals or transgenders" and it was therefore "legally unsustainable" to repeal the act. During the latest hearings, lawyers representing more than a dozen gay and lesbian Indians questioned the constitutional basis of that earlier ruling. It was not legal and it was based wrongly on the tenets of the constitution," said Colin Gonsalves, one of the lawyers representing the current group of petitioners.

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That case was strengthened last year, when the Supreme Court moved to uphold the constitutional right to privacy. The ruling, which declared sexual orientation to be an "essential attribute of privacy," helped galvanize campaigners. There is not much left to argue," he added.

Opposition to moves to overturn Section had rested predominately on religious and moral objections. In an interview earlier this year, lawmaker Subramanian Swamy, a prominent member of the ruling Bharatiya Janata Party BJP , described the legalization of gay sex as a "danger to national security" and "against Hindutva.

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Hinduism has traditionally maintained a flexible, non-prescriptive view of sexuality. However, in recent years hardline Hindu groups have taken a more conservative approach. In the run up to the judgment, the BJP refrained from taking a public stand, deferring instead to the court. In the case of India, the original British law had remained in place more or less unchanged since it was introduced by British colonizers in the s. According to India's National Record Bureau, more than 2, cases were registered under the law in India did not maintain a separate database of prosecution under section until Arif Jafar, one of the current group of petitioners whose case the Supreme Court ruled on, was arrested in under Section and spent 49 days in jail.

Supporters in Mumbai react to the Supreme Court ruling that gay sex is no longer a criminal offense. Jafar now runs an informal support group in the northern state of Uttar Pradesh.

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The group, named "Trust," provides counseling, support and sexual health services to gay and transgender persons. In his petition, Jafar described the experience as dehumanizing and a violation of his fundamental rights. He also alleged that he was beaten and humiliated every day because of his sexuality. Campaigners in India pointed out that the law didn't only trap members of the LGBT community in the closet, it also invited other forms of discrimination, providing a cover for blackmail and harassment.

We have to go and talk to people and change their mindset so that they accept every human as one.