Skip to main content

India decriminalizes homosexuality

Delhi High Court legalizes homosexuality
2 Jul 2009, 1050 hrs IST, TIMESOFINDIA.COM

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

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.

Comments

shid said…
full text of JUDGMENT

http://answeringlaw.com/php/displayContent.php?linkId=943 WHICH LEGALIZE GAY SEX..

Popular posts from this blog

EVIDENCE, MIRACLES AND THE EXISTENCE OF JESUS

(Published in Faith and Philosophy 2011. Volume 28, Issue 2, April 2011. Stephen Law. Pages 129-151) EVIDENCE, MIRACLES AND THE EXISTENCE OF JESUS Stephen Law Abstract The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testament documents alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that a prima facie plausible principle concerning how evidence should be assessed – a principle I call the contamination principle – entails that, given the large proportion of uncorroborated miracle claims made about Jesus in the New Testament documents, we should, in the absence of indepen

Why I won't be voting Labour at the next General Election, not even to 'keep the Tories out'.

I have always voted Labour, and have often been a member of the Party, campaigning and canvassing for them. For what it’s worth, here’s my feeling about voting Labour next General Election:   1. When the left vote Labour after they move rightwards, they are encouraged to just move further right, to the point where they are now probably right of where e.g. John Major’s Tory party was. And each time the Tories go further right still. At some point we have got to stop fuelling this toxic drift to the right by making the Labour Party realise that it’s going to start costing them votes. I can’t think of anything politically more important than halting this increasingly frightening rightward slide. So I am no longer voting Labour. 2. If a new socialist party starts up, it could easily hoover up many of the 200k former LP members who have left in disgust (I’d join), and perhaps also pick up union affiliations. They could become the second biggest party by membership quite quickly. Our voting

Aquinas on homosexuality

Thought I would try a bit of a draft out on the blog, for feedback. All comments gratefully received. No doubt I've got at least some details wrong re the Catholic Church's position... AQUINAS AND SEXUAL ETHICS Aquinas’s thinking remains hugely influential within the Catholic Church. In particular, his ideas concerning sexual ethics still heavily shape Church teaching. It is on these ideas that we focus here. In particular, I will look at Aquinas’s justification for morally condemning homosexual acts. When homosexuality is judged to be morally wrong, the justification offered is often that homosexuality is, in some sense, “unnatural”. Aquinas develops a sophisticated version of this sort of argument. The roots of the argument lie in thinking of Aristotle, whom Aquinas believes to be scientifically authoritative. Indeed, one of Aquinas’s over-arching aims was to show how Aristotle’s philosophical system is broadly compatible with Christian thought. I begin with a sketch of Arist