HOMOSEXUALITY LEGALIZED BY DELHI High Court !

[junkviper]

In a historic judgement, the Delhi High Court on Thursday decriminalized homosexuality by striking down section 377 of the Indian Penal Code.

+ YouTube Video

The Section 377 of the IPC as far as it criminalizes gay sex among consenting adults is violation of fundamental rights, said the high court.

Any kind of discrimination is anti-thesis of right to equality, said the court, while allowing plea of gay rights activists for decriminalization of homosexuality.

A bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.

Section 377, a law from the British Raj era, says homosexuality and "unnatural sex" is a criminal act.

While the home ministry wanted the petition to be dismissed, the health ministry supported its contention that section 377 criminalized homosexuality per se, it was obstructing the AIDS/HIV prevention efforts among high-risk groups. Whatever the outcome, this is the second time the Delhi high court will be pronouncing on Naz Foundation’s petition against section 377. In 2004, it dismissed the petition at the preliminary stage stating that “an academic challenge to the constitutionality of a legislative provision could not be entertained.” It further said that when no personal injury was caused to the petitioner by this provision, the petition could not be examined.

The foundation then approached the Supreme Court, which disapproved the manner in which the high court had disposed of the matter. SC observed that when there was a debate on this issue the world over, “where is the question of the petition being academic? We are not able to accept the approach of the high court that it is an academic exercise and there is no personal injury.” Accordingly, in 2006, SC directed HC to reconsider the matter in detail. The judgment is coming close on the heels of statements from ministers on the possibility of a legislative intervention because of growing demands from the community of lesbians, gays, bisexuals and transgenders (LGBT). If the judgment serves the purpose of decriminalizing homosexuality, the government will be spared the burden of amending a provision laden with religious and cultural sensitivities.

Interestingly, in the new team of law officers appointed by the government, at least two of them — attorney general Goolam Vahanvati and additional solicitor general Indira Jaising —- have publicly supported the demand for decriminalizing homosexuality.

India decriminalises gay sex

Full text of Delhi HC judgment (PDF)


(just wondering , how long we have to post international news in a subsection called talk of the town!

[AngeL_EyeZ]

Astagfhirullah!


Btw, eta onek disturbing...Talk to Town section e Int. news

[sahil]

Ajit Prakash Shah and Justice S Muralidhar.. r happy.. ever after

nyway.. eita bangladesh er talk of the town kobe hoilo??

[magic boy]

One of the worst verdicts by High Court....& I strongly disagree this :P

India, the country with over billion population shouldn't move onto legalization serious issue like "Gay sex"....Still poverty,illiteracy,gender discrimination,communal clash, terrorism,HIV AIDS are the main problems of this country.but though they are trying to be smart like Europe without bothering these problems giving first priority...their westernization attitude tempting verdict like this one....as they want to compete in global market..
*sigh*

[magic boy]

and I dont see problem in opening the thread in talk of the town section....cause historically Indian incidents keep effect on us too
dont forget about our cinema industry.The way Indian directors are using homo sex relation in film for last 5-6 years, its also a clear cut problem for us.you know how copy cat we are in term of making film!! .......I wont wonder if our people watch gaysex in cinema hall from next year.

[Emerald]

well, while its true that there are numerous other pending issues which await to be addressed, i think this was a good decision. why not?? we have to start off somewhere. and whats so bad abt homosexuality?? homosexuality is not permitted by religion because it does not follow the natural course of reproduction, etc etc. but i think, its nothing but an alternate preference. its not abnormal or anything. if we can accept pre-marital sex and all that why are we so very against homosexuality...its each individual's right to choose his/her partner. if they are ok with themselves and their sexual orientation, who are we to judge them? i think it was a good decision.

[sahil]

you know how copy cat we are in term of making film!! .......I wont wonder if our people watch gaysex in cinema hall from next year.

we do know how copycat we r.. and also know how copy cat they are ...

[magic boy]

exactly...
waiting for Bollywood version of "Brokeback Mountain then Dhallywood version of it

[Broken]

I was actually surprised at this. I first thought it was about gay marriage, but I found it hard to believe that being a homosexual in India, the largest democracy in the world...was illegal. I dont agree with that life style, but to me a person is a person, and as long as they are not hurting me or another human being, I dont see why this is a big deal. So what if our holy books damned them, the almighty will be the one who judges their fate, not me. The way I see it, as long as I am being treated as a decent human being by my fellow citizens, I will do my part to treat you like a human being.

[magic boy]

I find homosexuality so unhealthy, similar to incest sex and all those other bla bla forbidden acts.but people of those habits usually think its ok, its the true heavenly feelings...cause they were deprived of sense of natural sex at certain age in their life...in result they got weird habit..Legalization of homosex means legalizing the abnormality in the society.

and In case of India, its utterly joke.....you know Shilpa Shetty got warning for being kissed by Richard Gere in public(!) and now they are thinking of homosex(!!!) lolzzz......what a country man!.

but most dangerous problem will be communal clash & terrorism for this issue. Muslims group living in India may not take it easy and will be protesting strongly....in future more bomb blast!!!
and Inida cant blame their HIV alerming fact.People living with HIV/AIDS>>>>>2.31 million