Kompressor

Indian court decriminalizes consensual gay sex

NEW DELHI (AP) — A court ruled Thursday to decriminalize homosexuality in the Indian capital, a groundbreaking decision that could bring more freedom to gays in this deeply conservative country.

The Delhi High Court ruled that treating consensual gay sex as a crime is a violation of fundamental rights protected by India's constitution. The ruling, the first of its kind in India, applies only in New Delhi.

"I'm so excited, and I haven't been able to process the news yet," Anjali Gopalan, the executive director of the Naz Foundation (India) Trust, a sexual health organization that had filed the petition, told reporters. "We've finally entered the 21st century."

But some religious leaders quickly criticized the ruling. "This Western culture cannot be permitted in our country," said Maulana Khalid Rashid Farangi Mahali, a leading Muslim cleric in the northern city of Lucknow.

The court's verdict came more than eight years after the New Delhi-based foundation filed its petition — not unusually long in India's notoriously clogged court system. The verdict can be challenged in India's Supreme Court.

Sex between people of the same gender has been illegal in India since a British colonial era law that classified it as "against the order of nature." According to the law, gay sex is punishable by 10 years in prison. While actual criminal prosecutions are few, the law frequently has been used to harass people.

The law itself can only be amended by India's Parliament and gay rights activists have long campaigned for it to be changed. The government has remained vague about its position on the law, and Law Minister M. Veerappa Moily said he would examine the high court's order before commenting.

The court's verdict, however, should protect New Delhi's gay community from criminal charges and police harassment.

"This legal remnant of British colonialism has been used to deprive people of their basic rights for too long," Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights Program at Human Rights Watch, said in a statement. "This long-awaited decision testifies to the reach of democracy and rights in India."

While the ruling is not binding on courts in India's other states, Tripti Tandon, a lawyer for the Naz Foundation, said she hoped the ruling would have a "persuasive" affect.

"This is just the first step in a longer battle," Gopalan said.

Rights activists say the law, also popularly known as 377, or section 377 of the Indian Penal Code, sanctions discrimination and marginalizes the gay community. Health experts say the law discourages safe sex and has been a hurdle in fighting HIV and AIDS. Roughly 2.5 million Indians have HIV.

Homosexuality is slowly gaining acceptance in some parts of India, especially in its big cities. Many bars have gay nights, and some high-profile Bollywood films have dealt with gay issues.

Still, being gay remains deeply taboo, and a large number of homosexuals hide their sexual orientation from their friends and families.

Religious leaders in the capital and in other parts of India argued that gay sex should remain illegal and that open homosexuality is out of step with India's deeply held traditions.

"We are totally against such a practice as it is not our tradition or culture," said Puroshattam Narain Singh, an official of the Vishwa Hindu Parishad, or World Hindu Council.

In New Delhi, Rev. Babu Joseph, a spokesman of the Roman Catholic Church, told New Delhi Television that while homosexuals should not be treated as criminals, "at the same time we cannot afford to endorse homosexual behavior as normal and socially acceptable."

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Think like a man of action, act like a man of thought. -H. Bergson

Douger

Let people live their lives in peace. Regulation is slavery.

Geeno

Regulation maintains order

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Grieves

who's order and who sets the foundation for order?

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verklingen

regulation maintains regulation, aka the status quo

order is maintained by the collective will to survive in peace and abundance

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“Be kind, for everyone you meet is fighting a hard battle.”

Douger

Hitler felt the same way.

verklingen

ohhhhhhhhhhhhhhhh snap

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“Be kind, for everyone you meet is fighting a hard battle.”

Mikey

oh no he di...in't!!

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RIP Gov

Canuck Wisdom

Theoretically, in a democracy, the peoples... but we all know its not that simple.
And so democracies decide to manifest this will in the law, supporting what is perceived as the best social structure for 'peace and abundance'.

IMO, social boundaries as a good thing, even necessary in a way, but its very very important they are just as possible for as many as possible.

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-Knowitall A&P type-

The Rev

This really doesn't increase my desire to fuck Haji, but it's good to know that I could.





The Rev

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Kompressor

Haji is a pretty offensive stereotype amongst us indians, Rev. I'd be careful who you mention that to if you ever go overseas.

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Think like a man of action, act like a man of thought. -H. Bergson

stoneric

I believe our lovable, huggable troops call the Iraqis Haji.

Peace seeker

let the people live how they want

we got enough regulation as is... Give the people a break.

We pay our taxes damn it and demand to have freedom. No stupid laws and police states.

homie dont play dat

give freedom back to the people

SageTree

I believe its just Haj the way I've heard it. I don't know if they think they are fighting Indians or what because I doubt any of them know much about the pilgrimages in the Muslim faith.

Rascism -1

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Kompressor

Stoneric's right. Haji is also used in the mideast, and has the same effect.

Stereotyping all troops like that is just as bad though.

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Think like a man of action, act like a man of thought. -H. Bergson

The Rev

Sorry man. I meant to amuse, not to offend. Would you like me to delete my post?



The Rev

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stoneric

I wasn't stereotyping. I was being sarcastic about the perception the propagandized public has of our troops.

Kompressor

No way mang. I know you ain't no racist. Hell, you're married to a wetback [my brown brethren] after all. I just don't want you killed if you traveled to Asia.

PS. The reason I love America is that I can call you worse shit than you can call me, and get away with it.

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Think like a man of action, act like a man of thought. -H. Bergson

Scion

oh i guess ill head right over to india then

kamikazi89

the big question now :how soon before the nipple is liberated ?

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katie west is the best