Historic-Delhi High Court legalized consensual sex among Gays

by archita | July 1, 2009 at 10:43 pm

1397 views | 64 Recommendations | 27 comments

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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Husnul Jamaal (not verified)

at 03:34 on July 2nd, 2009

India Muslim mullas and leaders oppose the law using tooth and nail stating gay sex is a sin under Sharia law.

"We 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," the statement said on Tuesday.

It said that homosexuality is a sin and a social evil which will only lead to societal disintegration and break-up of the family.

Appealing to the government not to be influenced by the "decadent trends of the Western culture" and not to give in to the demands of a minuscule minority, the statement said the government should not test the patience of the silent vast majority of the country which abhors such behaviour.

A prominent body of Muslim community Jamiat Ulema-e-Hind had earlier hit out at the government's proposed move, saying the repeal of the section would create "sexual anarchy" in the society.

"The section should stay as its repealing would result in sexual anarchy in the society. Those opposing the section are influenced by Western culture. Those who argue for independence do not realise that independence should have its limits," Jamiat Ulema-e-Hind spokesperson Abdul Hameed Noamani said.

Leading Islamic seminary Darul Uloom Deoband had earlier also opposed the Centre's move to repeal a controversial section, saying unnatural sex is against the tenets of Islam.

"Homosexuality is offence under Shariat Law and haram (prohibited) in Islam," Deputy Vice Chancellor of the Darul Uloom Deoband Maulana Abdul Khalik Madrasi has said.

Amitjha

at 04:22 on July 2nd, 2009

In between two sexes.....well if they do have right to life then why not have the right to choose his or her partner.

Reaction is natural.....socialy as well as scientifically.

But one thing that is beyond my understanding if they are defying the biological law of opposite sex they why they want social recognition.

archita

at 04:24 on July 2nd, 2009

your comment is really funny!!

i really pity you for being so ignorant and illiterate and i also pity Allah or which every religion or god you worship, cause you are spreading so much hate and filth into our world in HIS name....become a true spiritual person yourself and then Preach what you assume god wants...!!

the world has Risen , its time for you to WAKE UP!!

Live and Let Live!!

Roshni (not verified)

at 04:41 on July 2nd, 2009

Hi Husnul,

I was just wondering if you have an opinion of your own? I mean you're basically quoting someone who is quoting someone else.. you don't really expect anyone to take that seriously do you? Come back with an opinion in your own words and maybe I'd be more inclined to educate you on what freedom and liberation in the 21st century means! Until then, you're really just wasting everyone's time!

Husnul Jamaal (not verified)

at 06:47 on July 2nd, 2009

Roshni,

Here is my opinion.

I don't care what the person next to me doing. What they do with their private life is their bloody business.

Does that answer your question?

As for the quote , why, the world should know both the side of the story, right? That is just another side of this news. It is happening.

Roshni Menon (not verified)

at 23:17 on July 2nd, 2009

Hansul,

This "other" side of this news that you are evangelizing has for the past many decades been the ONLY side of the news! The idea is to now break past narrow minded constraints that human beings have placed on people different from themselves. If any particular religion touts intolerance, hatred and discrimination, then perhaps its time to re-think that religion!

anuradhadesai

at 06:54 on July 2nd, 2009

THE ANSWER TO ALL PREACHERS WHO TALK IN THE NAME OF RELIGION I HAVE UPLOADED TO PICTURES TO THAT ALBUM...PLEASE SEE.....

AND PLEASE GROW UP.....

archita

at 22:42 on July 2nd, 2009

thanks anu :o)

control control.....lol

Husnul Jamaal (not verified)

at 07:34 on July 2nd, 2009

"Confused" ruling party!

The Congress on Thursday was cautious in its reaction to the judgement of the Delhi High Court legalizing gay sex among consenting
adults, saying it is between the court and the government.

"It is between the court and the government and the party has nothing to do with it," party spokesman Shakeel Ahmed said soon after the court pronounced the landmark judgement.

Last week, at the AICC briefing, Ahmed had said that the Congress does not have any view on this matter and there has been no discussion in the party on the issue

Muslim Health minister ,Gulam Nabi Azad, of India is in between devil and deep sea.

Azad, however, refused to say anything on the matter on Wednesday. Earlier, Azad had taken a different view from his predecessor A Ramadoss and called for a parliamentary debate and "wider consensus" on amending Section 377, saying there was need for a public debate on the issue.

azzayindia

at 08:09 on July 2nd, 2009

Well this is a great strategy used by Congress to tackle such issue in first year of its government and but my gut feeling is that the congress will cow down to these religious fundamentalists especially muslims before the state elections in coming years and gain the sympathy and votes in the process of the uneducated muslim voters.

azzayindia

at 08:09 on July 2nd, 2009

frank;ly speaking i am really happy for the gay community

AccuraCast

at 09:04 on July 2nd, 2009

I never thought I'd live to see the day, but wow! Well done to the Judge in New Delhi who had the guts to decriminalise homosexuality.

As for the haters, I say, one step at a time. First get the law on our side, and then fight ignorance / hatred with knowledge and the law.

archita

at 20:50 on July 2nd, 2009

You are right step by step.....and someday we achieve what we call 'Liberation"

ET777 (not verified)

at 10:10 on July 2nd, 2009

Another sad day,

There is no law ever will override The word of God. From Christian point of view, gays like any other people who are breacking the commandments of God. All are called to repent and live in the way that our Creator intended to us. Christianity as a religon you can summraized in one word "Love". God is Love, when He say do not do this, it is been proven because it is good for our sake, like any parent who stop thier kids from doing something to hurt themselves.

everybody is entitled to his/her opinion, If you want not to believe in God, it is up to you, if you want to spread abomination.......go ahead..........but know that you are going to give an account for everything you do.

May God open your eyes and hearts to really know Him.

Prince Varghese (not verified)

at 10:21 on July 2nd, 2009

It's time that world realises the fact that Homsexuality can be a biological phenomenon, out of choice, or even socially constructed. It has been scientifically proven about the biological aspect of homosexuality. There are some who opt for it. It's their autonomy. There are many who change their sex likewise. And some of the homosexuals are socially constructed. The pressures and rammifications of the society or community in which they come from, force them into this.

I must also add that the Bible, Quran or any religious book or religion becomes significant only when it is interpreted according to the changing contexts and time that we live in. Let us not be slaves to them by interpreting it literally and fundamentally.

The revoking of this article is a welcome change and a sign for a better future for gays and lesbians and transexuals.

archita

at 20:38 on July 2nd, 2009

Thank you for this Prince...I am glad you think this way .....and not tag right or wrong...moral or Immoral..... It is because of True Preachers Like you that pure Spirituality still exists..... thank you again :o)

Rhonda J Mangus

at 13:34 on July 2nd, 2009

Very good news, archita! Thanks for posting!

archita

at 20:44 on July 2nd, 2009

Thank you. Rhonda for your feed back and guidance at every step... :o)

Roshni Menon (not verified)

at 23:17 on July 2nd, 2009

Hansul,

Husnul Jamaal (not verified)

at 04:06 on July 3rd, 2009

Roshni Menon,

I guess you had difficulty to understand why I reported the news about the oppostion. I merely brought the other side of this news. The court made a ruling. Archana brought the news of the people who are feel happy and who support the ruling. I just brought in the news about people who think that the ruling is wrong. Where did I say that I support people who are against the ruling?.

Please see the objectivity in the news what I reported. Just by reporting the "other" side of the story does not imply that I support the opposition or I am against gays. I thought I have already clarified my stand in this issue and it is unfortunate that again this confusion happened. Just to make simple - I am not against gays.

Scarlet123 (not verified)

at 23:25 on July 2nd, 2009

Religion - Faith - Value- Morale- Justice - Right- Virtue

All these BIG words that these preachers of hate use , do they even know the real meaning of it???

The Base of all of these are nothing but Love, Non-Violence and humanity.....Do not just talk....understan it.belive it and then preach it....

archita

at 03:10 on July 3rd, 2009

i completely agree with you.... those are the elements that will keep our world alive....but we must agree that is really difficult to achieve....maybe some day we will :o)

archita

at 05:00 on July 3rd, 2009

THIS IS A COMMENT OF FACE BOOK..that was started in reply to my review here...just posting it to share...(not given the complete names to respect privacy)

Mic at 2:58pm July 2

Fukk.... what i cannot stand is Homosexuals trying to Hit on me. You give them freedom and watch more of them get thulped on the streets.

Mic at 3:17pm July 2

I think the root cause for homosexuality is cause there is no equality between men and women in society or at home in general.... wouldnt it be better to work towards that.... ?? ;-)[ Some emotionally strong women wanna call themselves men and some emotionally week men wanna call themselves women.... is it survival tactics, humans adapt to ?? ]

Ed at 3:49pm July 2@Mic
Wow. I like how boldly, blunt you are in this age of Political correctness :) It's weirdly refreshing :)
I lost a friend to hate crime recently. He wasn't flamboyant or anything; just didn't care to keep his sexual orientation a secret is all - and now he's dead.
He wasn't just a homosexual. He was a poet and an artist. He cooked the most amazing things with tofu and was an animal rights activist. He was close to his mum and doted on his dogs. And who did those boys think they killed? A 'faggot' and a 'puff'. That's all he was to them.
Mic at 7:14pm July 2Im sorry to hear about your friend. Strangely, i dont seem to feel anything thou.....it all starts with the relationship shared between his " mom and dad ", thats what influences kids. Sadly, its a bigger problem .... It crosses Nationality, Religion, Bla bla bla... and comes straight into your homes... how a husband treates his wife and vice versa... Read More... is the only permanent fix. Not wars in the name of religion. Im worried about any religion that permits having multiple wives..... Now that is to be a world wide consern. Everything will fall into place :-)
Ed at 10:57pm July 2"You give them freedom and watch more of them get thulped on the streets"
My comment was directed at this statement. I was reacting to this. To me it's personal. Because my friend died not 5 months ago.
'You give them freedom'? Really? you GIVE them freedom? Why? Because they are somehow lesser people because they don't share your preference? You frighten me more than any religious organisation ever will.
And if you thought I was paying you a compliment when I said you were 'boldly, blunt' [in spite of the smileys] you totally missed the point. You see, I was being Politically correct.
Cheers! :)
Mic at 1:29am July 3
I am sorry... i dont have any GAY friends that i know of.... i am unable to relate to YOUR feelings! I dont give a SHIT if i scare you!Im sorry sweetheart.... whats personal to me is I getting sexually abused by my own GAY COUSIN BROTHER.... while i was a kid..... I DONT CARE IF HE HAS THE WORST NIGHTMARE!
Ed - You give me the Shits... its cause of people like you that i disappear..... unable to live in peace in a home environment where one can raise kids... i think with fools like you around.... the jungle will be a better place for me.
Vik at 10:01am July 3How old are you Mr.Mic? I'm curious.
Mic at 11:12am July 3You will check my profile if you are curious..... I am not against Love, I love education and I hate violence.
But i definitely have my ways clear for me and the world of people i deal with. I choose " sexual correctness " to " political correctness " . I like to tackle root causes and find solutions. Not just symtomatic solutions. May be we could learn from Animals.
I see homosexuality as a psychological disorder, something that can be treated....and not something that can be merged into society and a way of life.
I will go out of my way to look after TRANSGENDER people.... cause that is a Physical disorder.
Vik at 11:38am July 3It doesn't show up on what I can see of your profile dude.
How do you "see" homosexuality as a psychological disorder, exactly? Are you a qualified clinical psychologist?
If yes then you might have a valid point. Otherwise you're just "seeing" what you want to "see" , no?
Mic at 12:38pm July 3My mom is.... you can have a chat with here at New Asian Hospital
Vikat 1:33pm July 3The question was: Are you?

archita

at 07:56 on July 13th, 2009

@ED...i am so sorry to hear about your friend..it is disheartening and sad that he was treated that way because of his sexual orientation...its the saddest thing that can ever happen...

@MIC.... i completely agree with you when you so boldly narrated something not everyone can....about you being abused when you were young.... i truly applaud your courage....cause ,i don't know how old you are but i am 27 and it took me 23 years to actually voice out that i was abused as a child...i made a film about it and after that so many people opened up..so i know and feel what it takes to do what you did and i support your anger....
i do not want to comment or judge on all that hate you have poured out here against gays....it is your opinion and you have the right to voice it...and you might not agree to this but your opinion is purely based on that incident that still haunts you....or else i am sure you would have had a different opinion...
it is a little difficult to others who condemn your hate to understand this....

but
there are certain things in life that important and that as you yourself have said are love and non-violence...
every individual chooses his own way of living..his values ..his morality...his Spirituality....it is completely OK that you stay away from gays because you have your reasons....but that does NOT make them wrong or immoral or pervert or criminals or sinners...
you prefer a situation where a gay man afraid to open up in an Indian society marries a woman and then goes around searching for sexual pleasure with men....or vice versa...well no one is happy,no one is living their true identity...is this what should be???
deception...is that what you want????... Read More
and all this just cause someone is in love....that is sad...
well i want a world where there are individual rights, where you can be your self,and where there is no Hate,no violence....
yes gays would be wrong if they force you..and that is why you are angry today...99%of abuse and rapes are by heterosexuals...

to understand this it is going to take a long time,but i am sure someday we all will...learn to accept the OTHERNESS OF THE OTHER' as Wesley said....
we should now think beyond the past narrow minded constraints and accept the changes in our society as they come....maybe choose not to be a part of it...but also not condemn it..

lucknawab

at 10:35 on July 3rd, 2009

Home sex in inhuma. Very soon you will see man , women making sex with animals and forcing Govt to legalise it.

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at 13:12 on July 4th, 2009

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Husnul Jamaal (not verified)

at 17:50 on July 4th, 2009

"Lallu" at it again. Not satisfied by dragging the Indian state ,Bihar way back to stone age, one time 'political king' and former Chief / Union minister Mr. Lalu Prasad Yadav rants against recent Delhi High Court rule.

PATNA: RJD chief Lalu Prasad on Saturday opposed any move to amend Article 377 of IPC for decriminalising gay sex. "This unnatural offence should
Lalu Prasad RJD chief Lalu Prasad denounced Delhi High Court's ruling decriminalising gay sex.

never be made legal in India," Lalu said and added he would raise the matter in Parliament.

Referring to the recent verdict of Delhi high court, he described it as a bid to ape the West. Lalu said the Union government should challenge the Delhi HC's verdict in the Supreme Court.

"The government should also make its stand clear on the issue in the court," he said, insisting that "unnatural sex" should never be legalised as it would spell doom for the Indian culture and civilization.