By HEATHER TIMMONS and HARI KUMAR Published: July 2, 2009
NEW DELHI —In a landmark ruling Thursday that could usher in an era of greater freedom for gay men and lesbians in India, New Delhi’s highest court decriminalized homosexuality.
“The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognizing a role in society for everyone,” judges of the Delhi High Court wrote in a 105-page decision, India’s first to directly address rights for gay men and lesbians. “Those perceived by the majority as ‘deviants’ or ‘different’ are not on that score excluded or ostracized,” 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 with any man, woman or animal.” The law, known as Section 377 of India’s penal code, has long been viewed as an archaic holdover from colonialism by its detractors.
“Clearly, we are all thrilled,” said Anjali Gopalan, the executive director and founder of the Naz Foundation, an AIDS awareness group that sued to have Section 377 changed...
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The New York Times/ International Herald Tribune
Photo Gay rights activists celebrated during a rally in New Delhi on Thursday after the city’s highest court decriminalized homosexuality.
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From Mangalorean.Com
Religious leaders criticise ruling on gay sex
New Delhi, July 2 (IANS) Even as gay rights activists celebrated the Delhi High Court verdict Thursday that gay sex was not a crime, religious leaders criticised the rulling as an attempt "to impose Western culture on Indian society" and said homosexuality went against "the will of god".
"This is a sad day for civilised society. It (the ruling) is not acceptable. They are playing with the future generations and civilised society," said All India Muslim Personal Law Board's Kamal Farooqi.
"Scrapping such a law is not justified. This is an attempt to impose Western culture on Indian society," Maulana Abdul Khaleeq Madrasi, pro-vice chancellor of Darul Uloom - India's biggest Islamic seminary - told IANS on phone.
In a historic judgment, the Delhi High Court de-criminalised homosexuality by striking down section 377 of the Indian Penal Code (IPC). It said that any sex between consenting adults should be legalised.
A bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said that if not amended, the section 377 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 relic of the British Raj, relates to "unnatural offences" and says that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal should be punished".
Religious heads were both shocked and angered by the judgement… read more
Kerala Catholic Church to oppose legalizing of gay sex
Thiruvananthapuram, July 2 (IANS) The Kerala Catholic Bishops Conference (KCBC) Thursday said it will oppose legalization of gay sex after the Delhi High Court struck down section 377 of the Indian Penal Code (IPC) that termed homosexuality a criminal act.
KCBC spokesperson Father Stephen Alathara said: "This (homosexuality) is against the Indian culture. We will oppose it and since our country is a democratic one, there is no way that this can be legalised through legislation. The church's views will have to be sought."
The Delhi High Court Thursday struck down section 377. The judgement means that police will no longer be able to intrude upon or arrest adult homosexuals having consensual sex.
S.K. Harikumar, senior national consultant in behaviour and sexual health, told IANS: "What many fail to understand is that the prevalence of HIV among MSMs (male having sex with male) is very high and hence medical interventions have to be made. Once this becomes legalised, then intervention can become easy."
Harikumar, who has worked extensively among gays in the state, estimates that there are more than 45,000 homosexuals in Kerala.
"Today the view on homosexuality is that it is not just a sexual act, but one which is emotionally satisfying. With this (judgement) homosexuals can come out in the open without the fear of being harassed," he added.
Gay sex legal, says Delhi High Court
New Delhi, July 2 (IANS) The Delhi High Court Thursday decriminalised gay sex by striking down section 377 of the Indian Penal Code (IPC), quoting Jawaharlal Nehru to emphasise that the Constitution guaranteed homosexuals rights equal to what other citizens enjoy.
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.
"Equality and inconclusiveness are the tenets of the Constitution," the court quoted India's first prime minister Nehru as having said.
Section 377, a law from the British Raj era, says homosexuality and "unnatural sex" is a criminal act.
Giving its landmark judgement, the high court said that section 377 should be amended and any sex between consenting adults should be legalised.
In plain terms, what this judgement means is that police will no longer be able to intrude upon or arrest adult homosexuals having consensual sex.
Advocate Tripti of the Naz foundation, which had filed the petition, said: "It is very clear now that sex between consenting adults would no longer be an offence."
Anjali Gopalan of the Naz Foundation added: "We had asked that section 377 be read down. This, however, does not hold good for minors below the age of 18. Also, the fact the adults have to be consenting is important."
In 2004, the high court had dismissed the same petition, saying that it was an academic challenge to the constitutionality of a legislative provision which could not be entertained.
Verdict decriminalising gay sex welcome: AIDS control body … read more
Rainbow colours fly as gay community celebrates verdict … read more
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