ABSTRACT
In 2009 a lower court, the Delhi High Court, upheld a Constitutional challenge to section 377 primarily on the grounds that it interfered with the privacy rights of homosexuals who were citizens of India and deserved equal protection. 2 There was jubilation in the courtroom and celebration in the streets. And in the days following the High Court’s pronouncement, gays and lesbians around India openly declared their sexuality, held queer pride parades and, more interestingly, some interpreted the victory as enabling marriage. Couples began to take vows and exchange garlands in a ritual symbolizing marriage that marked their passage into acceptance and legitimacy. These gestures thus gave the judgement a vastly expanded meaning and interpretation in the public arena.
