Historic-Delhi High Court legalized consensual sex among Gays
Today July 2nd is Judgment Day for Gays’ – A new beginning…
In a historic judgment, the Delhi High Court legalized consensual sex among gays. The court struck down Section 377 of the Indian Penal Code (IPC). 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
However, Section 377 of the IPC which criminalizes homosexuality will continue for non-consensual, non-vaginal sex.
Section 377 of the IPC criminalizes homosexuals, lesbians, bisexuals, transgenders and others whose sexuality does not conform to the heterosexual mainstream and who are commonly known as gays. Section 377, introduced by Lord Thomas Babington Macaulay in 1860, punishes “carnal intercourse against the order of nature” with either imprisonment of ten years or life and fine. This idea of sex without the possibility of conception has been used by the judiciary over the last 149 years to characterize homosexuality as a perversion and crime, and something meant to be abhorred by civilized society. Section 377 outlaws any form of penetration other than peno-vaginal, so it also implies that anal sex with a woman is wrong and oral sex with a woman is considered wrong too. If you notice that the section does not criminalize gays as a class, but targets only sexual acts. But most often these sexual acts are associated with only gays, they being the easy targets, have made them far more vulnerable to prosecution than heterosexuals and are tagged as CRIMINALS.Seven months after concluding the hearings on the petition filed by Naaz Foundation, a bench consisting of Chief Justice A P Shah and Justice S Muralidhar will announce whether section 377 IPC could be “read down” to decriminalize private consensual sex between adults of the same sex. This is the second time the Delhi high court will be pronouncing on Naaz Foundation’s petition against section 377. In 2004, it dismissed the petition at the preliminary stage stating it to be and ‘Academic challenge’. The foundation then approached the Supreme Court, which disapproved the manner in which the high court had disposed of the matter. In 2006 it redirected the case to the high court for re consideration. 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.
Where on one side there is this Ray of Hope and Justice, there are certain self assessed Preachers who always sermonize in the name of religion, culture and morale, claim that any attempt to legally permit unnatural sex is an attack on religious and moral values. It said that homosexuality is a SIN and a social evil which will only lead to societal disintegration and break-up of the family. They claim that they are shocked to see reports in the media that the Union government is considering the repeal of Section 377 of the IPC, which means making homosexuality legal. They say, “Let’s stop this mental disease before it spreads to our near and dear and future generations”.
WHAT??? WAKE UP PEOPLE!!!
Being gay is NOT about sex - It's NOT a disease-it is about loving another person, so what if the gender is the same? Gay people should not suffer due to their sexual orientation. Sexual attraction towards same sex is justifiable, because it is all natural. There is no perfection in sexual orientation. The same way one is attracted to the opposite sex these people are attracted to members of their own sex. The feeling is in built. Loving some one is never crime. They did not decide who you love and couple with, what gives you all the right to decide who they love and couple with??
Homosexuals will NOT harm the society, for all those who are concerned about the moral values of the society I WANT TO ASK YOU ALL, WHAT HAVE YOU DONE FOR THE SOCIETY???How many crimes, rapes murder happen, every second in our society!! Are they homosexuals?? Do something to stop them instead of spreading hate.Homosexuality is phenomenon as heterosexuality. That is why it exists in nature. If it would have been disorder then it wouldn't have survived these long generations of animal or humans.
Homosexuality is NOT a Crime or a Sin. Some religious clerics who comment of homosexuality as crime, should give their take on terrorism as a crime? Being homosexual is not bad or good, it’s a personal choice. Why are we basing all our norms to religious references? India is a secular country and there is no one way of defining the Indian culture or defining in one way what it is to be an Indian. It is about personal liberty, as long as it is not affecting others. In fact, the constitution of India guarantees this to every citizen - giving the LGBT community its right is long over due.
Being gay has NOTHING to do with religion or being western or Indian it is human, one does not get feelings towards the opposite sex after reading religious scriptures and consulting with an imaginary god. Why relate stupid ideologies with Indian culture. Indians are progressive, open-minded, spiritually rich society, culture and civilization. 'Kamasutra' is the only sex manual ever written from a spiritual perspective, and written by a Saint. Mankind needs to make sure that obsolete religion dies and GOD is sought and realized in every heart by Love, compassion, sharing, and understanding life. It is high time we move away from so-called dead dogmas and meaningless rituals of religion and move on.
Homosexuals do NOT harm or bother anyone, they are just asking to be treated with respect that’s it? Is that wrong to ask in worlds’ largest democracy? Everyone has the right to practice their own religion, freedom of speech, so should be freedom of sexual orientation, and one should not be discrimated based on sexual preference as long as he does not force his views upon others. India is a tolerant nation and we need to continue being so and live in harmony. Indian might well have one of the highest homosexual or bisexual population, however as they are scared on being taboo and being disowned by their own family and friends, once accepted this would be different.
Let them get their life and rights!!!!!!!
Freedom is the watch word...By LAW any two CONSENTING-ADULTS must be ALLOWED to DO whatever they LIKED, as long as one did not cause HURT, HARM, INJURY, DEATH etc to the OTHER. The issue of homosexuality can be resolved by deep understanding about HUMAN RIGHTS. It can’t' be considered as crime when both of them are adults and knows what they are doing. And to those who have somehow got this weird assumption that they are demanding special rights and such, open you ears and listen carefully and correctly, NOBODY IS DEMANDING ANY SPECIAL RIGHTS THEY ARE ONLY ASKING FOR EQUAL RIGHTS.
Photographs Courtesy :
Michelle Holshue, University of Pennsylvania School of Nursing
Gabrielle Lamourelle,Columbia University, Mailman School of Public Health
Pierre Conti , United Kingdom
Roshni Menon , Chennai, India
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Chennai, Tamil Nadu, India