Delhi High court legalises gay sex

Thursday, July 02, 2009







New Delhi: 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.

Source: Indo-Asian News Service

http://news.in.msn.com/national/article.aspx?cp-documentid=3068609&page=2

PM to take view on decriminalising gay sex
July 3rd, 2009 - 9:39 pm ICT by IANS


New Delhi, July 3 (IANS) After the Delhi High Court’s landmark verdict
decriminalising gay sex, the matter is now in Prime Minister Manmohan
Singh’s court - on whether to amend the archaic law dealing with the
issue.
“The prime minister has asked all three ministries - home, law and
health - to sit and take a view,” Law Minister M. Veerappa Moily told
reporters Friday.
He said they are now “going to analyse it”.
“We will be submitting the report to the prime minister,” he said.
The Delhi High Court ruled Thursday that gay sex among consenting
adults was no crime, triggering celebrations among gay activists.
However, many religious leaders have denounced the ruling.
The court struck down Section 377 of the Indian Penal Code (IPC), to
emphasise that the constitution guaranteed homosexuals rights equal to
those of other citizens.
The bench also said the judgement would hold till parliament amended the law.
The high court verdict assumes importance as the government has been
grappling with the option to scrap Section 377 from the statute.

lnk:- http://www.thaindian.com/newsportal/politics/pm-to-take-view-on-decriminalising-gay-sex_100213101.html

Lalu Prasad against legalising gay sex
July 4th, 2009 - 4:50 pm ICT by IANS


New Delhi, July 4 (IANS) Rashtriya Janata Dal (RJD) chief Lalu Prasad
Saturday said the Delhi High Court had done a “very dangerous thing” by
de-criminalising homosexuality and he would raise the matter in
parliament.
“It is a very dangerous thing the Delhi High Court has said that it
(homosexuality) is not a crime and the law must be amended. I will
raise this topic in parliament and the amendment (to the law) should
not be done,” Lalu Prasad told a news channel.
“It should never be legalized in India,” the former railway minister said.
“Some people may like or consent to these things, but these things
are not acceptable in our society and we don’t like all these things
and it is very bad. It can lead to wrongdoings in the world,” he added.
In a landmark verdict Thursday, the Delhi High Court ruled that gay
sex among consenting adults was no crime. The court struck down Section
377 of the Indian Penal Code (IPC), a relic of the British Raj, which
criminalises gay sex terming it an “unnatural offence”.
The former railways minister said those arrested under Section 377 should be sentenced to 10 years in jail.
“I have been a law student and practised as a lawyer and the things
which affect our society should never be permitted. All these are
nonsense and bad things,” Lalu Prasad said.
The government is treading cautiously on the matter. On Friday,
three cabinet ministers - Home Minister P. Chidambaram, Law Minister M.
Veerappa Moily and Health Minister Ghulam Nabi Azad - held a meeting to
discuss the issue.
Moily later told reporters that they would submit a report to Prime
Minister Manmohan Singh, who would take a final decision on whether to
amend the archaic law dealing with the issue.

lnk:- http://www.thaindian.com/newsportal/health/lalu-prasad-against-legalising-gay-sex_100213349.html

Sex workers oppose decriminalisation of gay sex
July 3rd, 2009 - 10:08 pm ICT by IANS
New Delhi, July 3 (IANS) While thousands of
homosexuals across the country celebrate freedom from the criminal tag
following the Delhi High Court verdict, a group representing sex
workers Friday wrote a letter to Law Minister Veerappa Moily opposing
the move.
Bharatiya Patita Uddhar Sabha (BPUS), which is active in 10 states,
said: “We oppose the move. Unless the law ministry takes care of our
view then we will be forced to appeal near the Supreme Court.”
Khairati Lal Bhola, BPUS chief, told IANS, “In our country millions
of women are struggling to earn their livelihood through sex trade and
have been demanding legal sanction for their trade for years. Now
people practising unnatural sex have been decriminalised.”
“Why is the government so apathetic towards sex workers?” Bhola asked.
India has nearly 2.5 million prostitutes operating out of nearly 300,000 brothels in 1,100 red light areas across the country.
The Delhi High Court Thursday ruled that gay sex among consenting
adults was no crime. In a packed courtroom Chief Justice Ajit Prakash
Shah and Justice S. Muralidhar read down Section 377 of the Indian
Penal Code (IPC), saying it violated Article 21 of the constitution
which promises equality for all citizens before law.


lnk:- http://www.thaindian.com/newsportal/health/sex-workers-oppose-decriminalisation-of-gay-sex_100213111.html

Time to get out of the closet

By: Subhash K Jha

Date: 2009-07-03

Mumbai: Section 377 of the IPC, which declared homosexuality to be illegal, has been repealed. Bollywood rejoices...

Homosexuality is not a phenomenon restricted to one country, culture or community, All over the world, some of the finest minds are inclined towards same-sex relationships. What is wrong with that, as long as two people are happy?

Shatrughan Sinha:
"Old rusty laws are like useless politicians. They should be thrown
out. I'm glad Section 377 has been repealed. What two people do in the
privacy of their bedroom is nobody's business, certainly not the
government's.
Abbas Tyrewala:
I'm amazed and delighted. It's a step I thought we wouldn't be ready to
take for another twenty years. Now if only we showed the same maturity
in providing the right to freedom and option in marriage, religion,
censorship, etc.
Sanjay Suri:
Criminalisation of gay sex among consenting adults was a violation of
fundamental human rights. It's a progressive judgement. The law should
have been done away with ages ago.
John Abraham: I
think the right to personal choice is a fundamental right. Thank God
the law against homosexuals has been repealed. Yes, I've a lot gay
fans. Even if I hadn't, I'd still be very happy if the gay community
gets a voice and a choice. I've been brought up in liberal
Parsi-Catholic household. I believe minorities don't exist any longer.
Every community (including homo- sexuals) has a majority voice.
Rituparno Ghosh: Better late than never!

Raima Sen: Good for democracy.

Manisha Koirala:
Some of my closest friends are gay, and they are among the best human
beings I know. I think such an ancient law needed to be repealed long
ago. We live in contemporary times when people of all genders and
sexual preferences must be looked at in the same line of vision.

Celina Jaitly:
I'm overwhelmed. It's a turning point in the history of human rights in
the world's largest democracy. It's also a personal victory for me
since I've been fighting for gay rights. Now they can walk with their
heads held high. A new beginning.
Irrfan Khan: It's
a sign of a system adopting a viewpoint that indicates openness. This
will rid the guilt that gays live with and stop police exploitation of
the community. I played a gay character in Mira Nair's short film
directed by Zoya Akhtar. I researched on their anguish. It was
terrifying.
Tarun Mansukhani:
It's a huge achievement and I'm proud to have been part of this
movement through my film Dostana. The repeal of this outdated law gives
homosexuals an identity and a legal recognition. Today they've the
right to their freedom.
Kunal Kohli:
Freedom of choice is very important in a democracy. That should not be
cramped when it comes to sexual preferences. This is a progressive step
by a progressive government."
Neha Dhupia: I
think it is great. We're a free country. And the biggest freedom is the
freedom of choice. I fully support the judgement. It's a very
progressive step.
Rajeev Khandelwal: I believe in, to each his own. That article 377 has been repealed reveals a very mature attitude to a universal issue.
Mahesh Bhatt: This
is a defining moment in the history of free India. No government has
the right to tell its citizens when or whom to love. The only 'queer'
people are those who propagate hate.
Chitrangada singh:
I think it's great. Every individual has the right to self-expression.
Homosexuality didn't stop existing just because we all denied it. I'm
all for it.
Amrita Arora: It's
high time we treated gay couples like any normal heterosexual pair.
I've a lot of gay friends and I'm very happy for them. In our society,
legal acceptance is equivalent to social acceptance.
Neil Nitin Mukesh:
Thank God people realised homosexuals are human beings with deep
emotions and urges for which they were being punished for years. Now
they can live peacefully without the law breathing down their necks.
This change was long overdue.

Riya Sen: Most of my closest friends are homosexuals. I'm very happy for the gay community.
Subhash Ghai: I'm
always receptive to the changing world and the truth about human nature
being revealed. Since the inner truth is always more real than the
social truth the reality within takes time to come out and be accepted
by society.
Madhur Bhandarkar: I fully support the Delhi High Court's decision. A progressive move.
Sonu Sood: Better
late than never. It's good to see our Constitution has finally grown.
Everyone has the right to live and love the way he wants.
Upen Patel: I
think it's a great move forward by the government and for Indian
society. Everyone should have the right to choose whom they want to be
without the fear of being labelled a criminal.
Neetu Chandra: It's a great move to understand and provide rights to those who were long denied the freedom to be themselves.
Purab Kohli: Super. It's a giant step ahead in the image India is building globally.
Shekhar Kapoor: This should've been done long ago
Apoorva Lakhia: May the force be with them. About time. A right step in the right direction for the New India.
Sushmita Sen: I
always salute decisions that celebrate an individual's right to choose.
I could never understand any form of love or any kind of relationship
being 'criminal'. I'm very proud of the government for finally
recognising that homosexuality can't be judged.
Mugdha Godse: I
welcome this decision with open arms. I'm happy a man now has as much
right to love a man as he has the right to love a woman. Gays no longer
need to hide their feelings. I'm happy for many of my friends.
Rensil D'Silva: About time we got out of the dark ages

link:- http://www.mid-day.com/entertainment/2009/jul/030709-Bollywood-Section-377-Indian-Penal-Code-Gay-rights-homosexuality.htm