http://timesofindia.indiatimes.com/Delhi-High-Court-legalizes-homosexuality/articleshow/4726608.cms
Delhi High Court legalizes homosexuality NEW DELHI: In a historic judgement, the Delhi High Court<http://timesofindia.indiatimes.com/Delhi-High-Court-legalizes-homosexuality/articleshow/4726608.cms#>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. However, Section 377 of the Indian Penal Code which criminalizes homosexuality, will continue for non-consensual and non-vaginal sex. 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<http://timesofindia.indiatimes.com/Delhi-High-Court-legalizes-homosexuality/articleshow/4726608.cms#>. 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<http://timesofindia.indiatimes.com/Delhi-High-Court-legalizes-homosexuality/articleshow/4726608.cms#>, 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. -- "Sometimes — quite often — the same people who are capable of a radical questioning of, say, economic neo-liberalism or the role of the state, are deeply conservative socially — about women, marriage, sexuality, our so-called 'family values' — sometimes they're so doctrinaire that you don't know where the establishment stops and the resistance begins. For example, how many Gandhian/Maoist/ Marxist Brahmins or upper caste Hindus would be happy if their children married Dalits or Muslims, or declared themselves to be gay? Quite often, the people whose side you're on, politically, have absolutely no place for a person like you in their social, cultural or religious imagination.That's a knotty problem politically radical people can come at you with the most breathtakingly conservative social views and make nonsense of the way in which you have ordered your world and your way of thinking about it and you have to find a way of accommodating these contradictions within your worldview." -Arundhati Roy ANIL Anil Tharayath Varghese New Delhi-110058 INDIA Mobile - 09971170738 email - [email protected] --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
