Indian Court Overturns Gay Sex Ban

[Muhsin]

July 3, 2009
Indian Court Overturns Gay Sex Ban
By HEATHER TIMMONS

NEW DELHI —In a landmark ruling Thursday that could usher in an era of greater freedom for gays and lesbians in India, New Delhi's highest court decriminalized homosexuality.

"Discrimination is antithesis of equality," Delhi High Court judges wrote in a 105-page decision that is the first in India to directly guarantee rights for gays and lesbians. "It is the recognition of equality which will foster dignity of every individual," the decision said.

Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting "carnal intercourse against the order of nature."

The law, known as Section 377, has long been viewed as an archaic holdover from colonialism by its detractors. Gay men and women have rarely been prosecuted in modern times, but it has been used to harass, blackmail and jail marchers and participants in gatherings.

The ruling applies only to India's capital city but it will force the national government to either appeal the decision to the Supreme Court or repeal the law nationwide, lawyers said.

In their decision, Chief Justice A. .P Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of key parts of India's Constitution.

The law violates Article 14, which guarantees all people "equality before the law;" Article 15, which prohibits discrimination "on grounds of religion, race, caste, sex or place of birth;" and Article 21, which guarantees "protection of life and personal liberty" they said.

The repeal comes after a broad campaign organized by gay rights activists, authors and celebrities, lawyers and AIDS awareness groups.

http://www.nytimes.com/2009/07/03/world/asia/03india.html?_r=1&ref=asia&pagewanted=print

[nasr19]

This is another glaring evidence of the pervasive results of so-called modern secular laws which over-emphasize the rights of the individual at the expense of the greater society. Haba! Its a long time since i read the Bhagavad Gita but I seem to remember that it frowns on homosexuality. But then, this is India, why should anyone be surprised? After-all its already commonplace elsewhere that people supposedly worship "God". Allah (SWT), mun gode maKa da rahamarKa. Allah (SWT) Ka sa mu mutu cikin musuluncin,mu cika da imani, amin.

Here are some interesting links I googled up b4 posting:

http://www.galva108.org/
http://www.galva108.org/lovesrite.html
http://nsaikia.wordpress.com/2008/03/03/hinduism-and-homosexuality/

[Muhsin]

You have said it all.

Yet, I think people must be surprised because even in England, who colonized India, gay sex is not allowed. Moreover, America, where there is claim of almost every human rights, not all States decriminalized same sex marriage. But why then India? :o :o :o 

May Allah, the Exalted, guide us, ameen.

[GoodFella]

Subhanallah! :o

May God save naija from emulating.

[Cekenah]

You have said it all.

Yet, I think people must be surprised because even in England, who colonized India, gay sex is not allowed. Moreover, America, where there is claim of almost every human rights, not all States decriminalized same sex marriage. But why then India? :o :o :o 

May Allah, the Exalted, guide us, ameen.

Gay sex not allowed in England? ENGLAND?! No way...
You're mixing up issues here. Decriminalizing gay marriage is not the same as decriminalizing gay sex; these are separate legal issues. I'd imagine that sodomy laws are a thing of the past in many Western nations; but gay marriage on the other hand is presently being negotiatied.

[Muhsin]

Thanks for the clarification.

[HUSNAA]

Tir