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Highlights of the judgement on homosexuality
Press Trust of India, Thursday July 2, 2009, New Delhi

Following are the highlights of the Delhi High Court judgement legalising gay sex among consenting adults:

* Section 377 of IPC making gay sex among consenting adults as criminal offence violates fundamental rights.

* The penal provision will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.

* Section 377 denies a gay person a right to full personhood.                     

* A person below 18 years of age would not be able to give consent to such sexual acts.

* Adult means anyone who is 18 years of age and above.

* The verdict decriminalising homosexual acts between consenting adult partners would not have retrospective effect.

* Any discrimination on the basis of sexual preference is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual.

* A provision of law branding one section of people as criminal based wholly on states' moral disapproval of that class goes counter to equality guaranteed in the Constitution.

* The provision of section 377 runs counter to the Constitutional values and the notion of human dignity which is considered to be cornerstone of our Constitution.


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Tags: Homosexuality, judgement, legal
Comments
Posted by Siddharth on Jul 02, 2009
Delhi HC ruling is commendable, all the developed countries of the west allow gay sex among consenting adults, one is born homosexual and its not a choice as has been proved by several scientific studies in developed countries, thus it was stupid to ban gay sex.
Posted by arvind t on Jul 02, 2009
On this historic day I commend NAZ foundation for sticking their neck out in the interest of all. At ;last India has stepped into 21st century. I lve in UK but am happy for all my fellows in India. I hope government will see this through and not challenge it. No more violation of human rights by Police then.
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