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News: Gay Sex Criminalized in India AGAIN !!!
Member Since: 9/11/2012
Posts: 5,512
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Gay Sex Criminalized in India AGAIN !!!
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The Supreme Court on Wednesday pronounced its verdict on a bunch of petitions challenging the Delhi High Court judgement decriminalising gay sex among consenting adults in private.
It is for legislature to look into desirability of deleting section 377 of IPC, says Supreme Court.
The Supreme Court in effect has sets aside Delhi High Court judgement which had decriminalised gay sex.
It however allows appeals filed by various social and religious organisations for making gay sex a criminal offence.
There is no constitutional infirmity in section 377 of IPC which makes gay sex an offence punishable with upto life imprisonment.
The apex court verdict upholding Section 377 came 21 months after it had reserved its verdict in March 2012.
With the apex court verdict, the operation of penal provision against gay sex has come into force.
"Historical opportunity to expand constitutional values has been lost. It is surprising that the court which does judicial review on many issues has put the ball in the court of Parliament to decide on homosexuality," said ASG Indira Jaising on Supreme Court verdict on homosexuality.
As soon as the verdict was pronounced, gay activists in the court looked visibly upset.
Reacting to the verdict, gay rights activist Pallav Patankar, said, "We are back into the dungeon all over again".
"Considering that this judgement is coming just a day after Human Rights Day, I think its a bad reflection on the state of things to come in this country. I am really not happy about it...
"We will fight on and we will labour on because the fight is not over yet. I think the international community as well as others are there to see what is happening in the country and I think we need to think where we exactly are going," he said.
Is it a crime that a child is born a lesbian or gay? activists ask Supreme Court Read
We will seek review of SC verdict on homosexuality, says gay rights NGO Naz Foundation.
Another gay rights activist, Shovini Ghosh, expressed her "shock" over the apex court verdict, saying it is "completely unsatisfactory".
"The Delhi High Court had given unprecedented protection to all the minorities. We are going to plan our strategy. This is a movement which should go on, we are not going to give up. I will first challenge the idea that the religious group can dictate something in a secular country. I will not go by what they say. All kinds of criminal acts, like demolition of Babri Masjid was done by religious groups... I think government has actually changed its position from what it had said during the hearing that it stands enlightened in light of the Delhi High Court verdict," she said.
A bench of justices GS Singhvi and SJ Mukhopadhaya delivered the verdict on petitions of anti-gay right activists, social and religious organisations against the 2009 verdict of the high court, which decriminalised gay sex.
The judgement was pronounced by Justice Singhvi on his last working day as he will be retiring tomorrow.(ASSHOLE  )
The bench had reserved its order in March last year after granting day-to-day hearing of the case from February 15, 2012.
While hearing the appeal, the apex court had pulled up the Centre for its "casual" approach on decriminalisation of homosexuality and also expressed concern over the Parliament not discussing such important issues and blaming judiciary instead for its "over-reach".
While pleading for decriminalisation of gay sex, the Centre had subsequently told the court that the anti-gay law in the country had resulted from British colonialism and the Indian society was much more tolerant towards homosexuality.
The Delhi High Court had on July 2, in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.
Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence entailing punishment up to life term.
The petition seeking to decriminalise gay sex was filed in the high court by Naz Foundation.
Senior BJP leader BP Singhal, who died in October last year, had challenged the high court verdict in the Supreme Court saying such acts are illegal, immoral and against the ethos of Indian culture.
Religious organisations like All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance too had challenged the judgement.
The Delhi Commission for Protection of Child Right, Tamil Nadu Muslim Munn Kazhgam, SD Pritinidhi Sabha, Joint Action Council, Raza Academy, astrologer Suresh Kumar Kaushal, yoga guru Ramdev's disciple S K Tijarawala, Ram Murti, Bhim Singh, B Krishna Bhat had also opposed the verdict.
The Centre had earlier informed the apex court that there are an estimated 25 lakh gay people and about seven per cent (1.75 lakh) of them are HIV-infected.
In its affidavit, the Union Health Ministry had said it was planning to bring four lakh high-risk 'men who have sex with men (MSM)' under its AIDS control programme and it has already covered around two lakh of them.
Here are some Twitter reactions to the judgment:
Supporters of the SC verdict were also in large numbers. "This is not a retrograde judgment," a lawyer for a Muslim charity who received the judgment told reporters outside the court. "All the communities - Muslims, Christians, the majority community Hindus - have all challenged the judgment of the Delhi High Court."
Here are some anti-gay tweets after the verdict,
Here is a time line of the LGBT struggle for acceptance in India:
The Supreme Court today set aside the Delhi High Court verdict decriminalising gay sex and upheld the legality of section 377 of the IPC, entailing imprisonment with upto life term.
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One of the ignorant comment
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homosexuality has always been an ingrained and deep rooted part of western and arabic culture....but certainly not of India's....this gay thing is a very big conspiracy by west MNCs to atleast set their foot here in India somehow and start business of their gay products, like they have done in US & Europe...as a result most of the western youth is trapped in this.....we dont want to ruin the oldest and greatest culture of world, which is Bhartiya Sanskriti, by legalizing something which does not belong to here in the very first place....if the lgbt community feels that they r being discriminated, they have every right to move to west....but NOT here..
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Link : http://www.dnaindia.com/india/report...essive-1933110
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Member Since: 9/9/2012
Posts: 59,872
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dd;;; I don't get laws like this though. What are they gonna do - watch who has sex with each other?
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Banned
Member Since: 2/23/2012
Posts: 2,397
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atrl once again making a big fuss. its not like india is going to spy on every male in the country
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Member Since: 7/23/2010
Posts: 6,705
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I never thought India would be this homophobic considering most people there are Hindus and Hinduism embraces homosexuality and supports the idea of a “third gender” and that these people are revered and regarded as semi-divine.
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Member Since: 2/17/2012
Posts: 33,611
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Originally posted by Fernando.
atrl once again making a big fuss. its not like india is going to spy on every male in the country
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Really?
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Member Since: 8/19/2013
Posts: 2,148
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Dear Indians. Come to South Africa. Come to Durban. You'll feel at home I promise. densely more overseas Indians than any other city outside India. And y'all could **** and not go into jail since 2006 or so
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Member Since: 8/20/2011
Posts: 9,381
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Originally posted by seanttz
Dear Indians. Come to South Africa. Come to Durban. You'll feel at home I promise. densely more overseas Indians than any other city outside India. And y'all could **** and not go into jail since 2006 or so
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or they could come to america and get all the tang they want 
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Member Since: 6/9/2012
Posts: 3,964
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Originally posted by Fernando.
atrl once again making a big fuss. its not like india is going to spy on every male in the country
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It's the fact that they are making discriminatory laws and taking this world back, removing progress, you ****ing abortion
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Member Since: 4/22/2012
Posts: 10,005
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stupid decision why do they care about gays so much..?i mean they are not criminal and moreover they are harmless
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Member Since: 8/19/2013
Posts: 9,657
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Originally posted by Fernando.
atrl once again making a big fuss. its not like india is going to spy on every male in the country
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You're a mess.
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Member Since: 5/18/2012
Posts: 20,576
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Originally posted by fabbriche
I never thought India would be this homophobic considering most people there are Hindus and Hinduism embraces homosexuality and supports the idea of a “third gender” and that these people are revered and regarded as semi-divine.
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Did you read the article? It said they changed due to British colonialism, that made those laws.
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Member Since: 9/11/2012
Posts: 5,512
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the religious leaders think that homosexuality is the result of western influence and it's against Indian culture ..This is hipocracy to the max since the ancient hindu literature depicts two male gods having sex
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Member Since: 9/11/2012
Posts: 5,512
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Quote:
Originally posted by fabbriche
I never thought India would be this homophobic considering most people there are Hindus and Hinduism embraces homosexuality and supports the idea of a “third gender” and that these people are revered and regarded as semi-divine.
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More than embrace they fear the third gender .. they are not considered as legal citizens of India and they live in samll community and under the radar most of the time. It s hindu myth (lies) that if you don't be nice to the third gender you are going to get cursed and all the new born will be eunuchs
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Member Since: 9/11/2012
Posts: 5,512
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we have reached a point where the government is going to tell us what is the right use of our genitals
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Member Since: 4/17/2012
Posts: 3,912
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Mess, the opposite should be happening 
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Banned
Member Since: 2/23/2012
Posts: 2,397
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Quote:
Originally posted by buckingfastard
the religious leaders think that homosexuality is the result of western influence and it's against Indian culture ..This is hipocracy to the max since the ancient hindu literature depicts two male gods having sex
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Quote:
Originally posted by buckingfastard
More than embrace they fear the third gender .. they are not considered as legal citizens of India and they live in samll community and under the radar most of the time. It s hindu myth (lies) that if you don't be nice to the third gender you are going to get cursed and all the new born will be eunuchs
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@ you trying to sound politically correct, these quotes are so cringe worthy
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Member Since: 8/1/2012
Posts: 25,037
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You know the supreme court actually has a point legally. Is it right that in a democracy, every single judge can destroy laws made by the democratic government like in America? As a law student I can very much understand the standpoint taken by the Supreme Court.
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Member Since: 9/11/2012
Posts: 5,512
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Originally posted by RomanNavy
You know the supreme court actually has a point legally. Is it right that in a democracy, every single judge can destroy laws made by the democratic government like in America? As a law student I can very much understand the standpoint taken by the Supreme Court.
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according to my knowledge constitution of USA is flexible in nature and can be interpreted by judiciary where as indian constitution is the longest in the world but is rigid in nature ..I may be wrong so you can tell since you study law 
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Member Since: 8/18/2013
Posts: 1,061
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Originally posted by seanttz
Dear Indians. Come to South Africa. Come to Durban. You'll feel at home I promise. densely more overseas Indians than any other city outside India. And y'all could **** and not go into jail since 2006 or so
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nnnnn; sis don't out our country's homo hoetry like this 
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Member Since: 8/1/2012
Posts: 25,037
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Originally posted by buckingfastard
according to my knowledge constitution of USA is flexible in nature and can be interpreted by judiciary where as indian constitution is the longest in the world but is rigid in nature ..I may be wrong so you can tell since you study law |
I study European Law so I'm not an expert on India or America.. I do know that the USA and India belong to the countries with common law tradition, meaning judiciary has a way bigger role and more authority than in civil law countries. As far as I know both of these countries have widely interpretable constitutions but I'm sure there is some difference in flexibility.
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