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Delhi HC decriminalises homosexuality
NDTV Correspondent, Thursday July 2, 2009, New Delhi

In a revolutionary verdict, Delhi High Court on Thursday legalised gay sex among consenting adults.

The Section 377 of the Indian Penal Code as far as it criminalises gay sex among consenting adults is violation of fundamental rights, the high court said.

Any kind of discrimination is anti-thesis of right to equality, the court said, while allowing plea of gay rights activists for decriminalisation of homosexuality.

The Naz Foundation along with an activist group Voices Against 377 had filed a petition seeking decriminalisation of homosexuality. 

Earlier, the UPA government was in favour of scrapping Section 377 with Law Minister Veerappa Moily calling the law outdated. But later the Centre backtracked with both Moily and Health Minister Ghulam Nabi Azad calling for consensus.

Speaking to NDTV, on the UPA's stand, Home Minister P Chidambaram said all views would be taken into account before the government takes a decision.

What is Section 377?

Section 377 in the Indian Penal Code was created in 1861 by the British and outlaws what it calls any acts against the order of nature and the punishment for violating it, can be up to 10 years along with a fine.

Section 377 has widely been considered a completely outdated and bizarre law.

Activists say Section 377 is a powerful weapon in the hands of police. It is often used to harass gay people.

The gay community argues that it also forms the basis for the widespread stigma and discrimination against them.

A repeal of Section 377 will also mean changes in civil laws pertaining to inheritance, property and adoption.

 
 
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Tags: Court, Delhi, Gay, Homosexuality
Comments
Posted by indian on Sep 07, 2009
who so ever says that gay sex has no place in India i got just one question for them. what rights do they have to comment on matters on which they probably have just a vague idea?
Posted by Indian on Jul 04, 2009
We are not saying that a small part of the community who are gays and lesbians are criminals and that it should be illegal ! But why put a government stamp on it and say ya its legal go ahead and do it ! What are you trying to portray to the young generation of India? Ok if you cant discourage atleast dont encourage it ! Sure you demand respect for a small group of people, they should be discriminated against thats true. We are a democratic country, but Im certainly against legalising it. Everything cannot be black and white, there are shades of grey as well. So if something isnt made legal doesnt mean it is illegal. Is smoking legal or illegal? Is marrying into the same cast termed legal and marrying into another cast illegal? No its a personal choice... THERE ARE THINGS IN OUR COUNTRY WHO ARE NOT CATEGORISED AS BEING LEGAL OR ILLEGAL, THEY ARE SIMPLY LEFT ALONE AS A PERSONAL CHOICE OF PEOPLE. So why categorised homosexuality???? I think it should be left to the individual , IT SHOULD NEITHER BE ENCOURAGED BY LEGALISING IT, NOR SHOULD SUCH PEOPLE BE TREATED AS CRIMINALS BY MAKING IT ILLEGAL !! Leave it to the individuals !!!!
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