This Article is From Dec 12, 2013

Americans criticise Indian Supreme Court's ban on gay sex

Americans criticise Indian Supreme Court's ban on gay sex

Indian gay-rights activists take part in a protest against the Supreme Court ruling reinstating a ban on gay sex in New Delhi.

The Stonewall Inn is New York City's iconic gay bar, and the birthplace of the modern gay rights movement. On the day that India's Supreme Court restored an 1861 law that says gay sex is a criminal offence, I go inside and meet Jeff, "Being gay is genetic, you are born this way. Should you discriminate on height, eye or skin color? What will the people who want this law do when their son or daughter says they are gay?"

America decriminalized gay sex in 2003, though most individual states had struck down laws in the 1980s. But many countries, especially those with a colonial past such as Malaysia, Singapore and much of Africa, were looking up to India as a role model, a precursor, in their fight for gay rights. Ironically, the originator of this century old law, the United Kingdom abolished it in 1967.

Thilaga Sulathireh, Co-founder of Justice for Sisters told NDTV, "The decision by the Delhi High Court in 2009 had set a good precedent not only for India but all post-colonial countries to decriminalize Article 377. We have used it for our own judicial review in Malaysia, it is pretty shocking for us and will have a huge impact not only on the LGBT discourse in India but all across Asia and the rest of the world."

Activists say that India will have to answer its decision on international platforms. Can a country denying human rights be on the jury for human rights? Grace Poore, Regional Program Director for Asia, International Gay and Lesbian Human Rights Commission told NDTV, "India sits on the Human Rights Council- that is a very important role it plays. What is India going to do now? Is India going to be making recommendations to other countries so they support LGBT rights and make sure discrimination ends? I would like India to do that and I am hoping the Indian government is not going to say that because of the Supreme Court we are not going to take a stand."

American actress and humanitarian Mia Farrow tweeted shortly after the decision, "Cancelled trip to India. My wife and I would not feel welcome there." Bad publicity aside, at a time when the world is paying homage to a champion of human rights, Nelson Mandela, and comparing his ideology to Mahatma Gandhi, India has reignited a battle that should never have begun.

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