Historic judgment: Delhi HC legalises gay sex
New Delhi In a breakthrough judgment, the Delhi High Court on Thursday legalised gay sex among consenting adults holding that the law making it a criminal offence violates fundamental rights.
However, Section 377 of the Indian Penal Code which criminalises homosexuality, will continue for non-consensual and non-vaginal sex.
"We declare section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution," a Bench comprising Chief Justice A P Shah and Justice S Murlidhar said.
The High Court said 'the provision of section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non vaginal sex involving minors'.
The court clarified that "by adults we mean everyone who is 18 years of age or above".
It further said that this judgement will hold till Parliament chooses to amend the law.
"In our view Indian Constitutional Law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are.
"It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual," the Bench said in its 105-page judgement.
The UPA was initially in favour of repealing Section 377 with Law Minister Veerappa Moily calling the law “outdated.”
But the Centre later backtracked with both Moily and Health Minister Ghulam Nabi Azad calling for “consensus.” Section 377 criminalises “carnal intercourse against the order of nature,” a phrase interpreted to ban homosexuality.
The petitioners Naz Foundation (along with an activist group ‘Voices Against 377’) argued that the law violated the constitutional rights of homosexuals and that the section should be “read down” to exclude “consensual sex between adults” from its ambit, in effect decriminalising homosexuality in India.
The previous UPA government had opposed the petition. Former MP B P Singhal, who “intervened” to oppose the petition, said that if the HC decided to “read down” Section 377, he would go to the Supreme Court in appeal.
see next STEP towards Liberty will be Gay/Lesbian marriages in India! :-)
They just amended/relaxed the British Law enacted in 1860 now under IPC sec 377 with an argument that the community comprise only 10% in the society and shall be given freedom under the democratic setup.....and still under protest....
Check...
http://timesofindia.indiatimes.com/Delhi-High-Court-legalizes-homosexuality/articleshow/4726608.cms
pajju Is it you in that photo as posted by Brit expat ha ha ha .starfaith ha ha aswin also there holding poster ha ha ha.
But i really pity about that people who are in the photo they are non sex people , they are male by birth and live as female?.All they got sex harrasment and mocking from society.but they also a human beings.I pity about them.
I guess thats where, Boy George, Elton John and George Michael are having their next holiday..Is India going to become another Thailand?
-----------------
HE WHO DARES WINS
As long as Gary Glitter doesn't end up there..
I hope it doesn't become another Pakistan.
What is happening in India? Is the world coming to an end? First open smooching and naked scenes in Bollywood now this, what next?
-----------------
HE WHO DARES WINS
duchini , exactly :)
Looks like Pajju had been waiting for this judgement for quite some time.
Now he can stay with Rizks without any fear.LOL
they are not hyprocritical about it anymore.....absolutely nothing worse than hyprocrites.
सोनम दि नेपाली बाबु
...Another great ddecision from a great nation. This ruling demonstrates the progressive and modern outlook India has adopted since the 90\s.
Kudos on this bold step!
Life is Beautiful...Indeed!
Dude -
It was really difficult to comprehend "Utterly Difficult About Everything" thing.... ????
No I am not questioning or judging the understanding power of the non Indians...
I am saying is ... I think you are right... It is difficult ...... Hmm..
___________________________________________
Reality is a Illusion Caused Due to Deficiency of Alcohol
Brit - lol...
"Jach Gayee tere meri Amma Sunar Kothe Pe... "
This song is an Anthem for the people whose pic is posted....
But really are transexuals (Hijgdas) are homosexuals the same thing ??? Never thought about tht.... hmm..
Guess diff
___________________________________________
Reality is a Illusion Caused Due to Deficiency of Alcohol
Why do Indians always have to be so utterly difficult about everything....?
Law made ??
but the society is not yet prepared to accept tht....
for this.. major Vote of thanks to SharukhKhan and SaifAli Khan's Kal Ho na HO...lol
And Drac - No offense.. but if you relate homosexuality with $hit smell .... Now I know why the sale of perfumes and Deo's is very high in places were it was accepted since ages..... hmm..
___________________________________________
Reality is a Illusion Caused Due to Deficiency of Alcohol
from the front till the back it is:
Pajju
rMs
Arien
i can see Ashwin at the back holding tat yellow banner...:)
left to right:
Rizks, Bajju and Brit???? lol!!!
Life's a bitch and then you die! ;)
yes brit .. Arien Rizks n rMs :)
Welcome to the 21st century Delhi!!!
What took you so long?
drac, when u put it that way its really disgusting!!!
eeewwww...
now where are ur pictures, sure u can find a perfect one for that... :D
Life's a bitch and then you die! ;)
.
.
disgusting!
now ...curry smell mixed with sh!t smell!
.
Pun intended!
.
Better with "arranged marriages!"
.
.
lol brit u always welcome :)
I'll be joining bthe next pride march in Delhi with you Pajju..