Welcome Guest, Login    Vancouver Olympics 2010
 Home |  World | India | Sports | Business | Technology | Entertainment | Lifestyle | Potpourri | Reviews | Press Releases | Interviews | Citizen Journalism
Consensual sex among gay adults legal: Delhi HC
Delhi High Court came out with a landmark judgement today, declaring consensual sex between two adults as legal and not punishable. The decision of the Delhi High Court will now make it easier for the Union government to come out clear on Section 377
 
Thu, Jul 02, 2009 11:47:25 IST
Views:
198
   Comments:
3
Rate:  1 out of 5 2 out of 5 3 out of 5 4 out of 5 5 out of 5 5.0 / 1 votes
IN A major relief to the gay and homosexual community, the Delhi High Court on Thursday (July2), said that consensual sex between two adults is legal and cannot be punished. 

The verdict of the Delhi High court also decriminalised homosexuality by striking down Section 377 of the Indian Penal Code (IPC). The court, however, made it clear that Section 377 was applicable in cases of Sodomy. 

A bench of chief justice Ajit Prakash Shah and Justice S Muralidhar, said that Section 377 of IPC needed amendment as otherwise it would violate Article 21 of the Indian constitution.  

Section 377 states that homosexuality and 'unnatural sex' is a criminal act. 

The decision of the Delhi High Court will now make it easier for the Union government to come out clear on Section 377. The government had given hints that it was not opposed to amending the law but had to take into account religious sentiments of different sections of the society. 

Union home minister P Chidambaram had said yesterday that discussion was on to take a view on repealing the controversial law. 

Health minister Ghulam Nabi Azad had called for parliamentary debate and need for wider consensus to take a decision on the issue.

 E-mail | Print | Post comment
 
Post your comment
Post
Posted comments (4)
 
Comments
 
 
|
Reply to Comment | New Comment | Report Abuse
 
 
 
Mir kya saade hai'n beemaar hue jiske sababUsee attaar ke launday se davaa lete hai'The problem arose, as far as India was concerned, when the British rulers injected their Victorian mindsets into colonial statute books in 1860. However, to be fair to the colonial masters, they were even more zealous in implementing anti-homosexual laws in England than in India or anywhere else. In 1895, at the height of his popularity, Oscar Wilde's relationship with the young poet Lord Alfred Douglas was declared inappropriately intimate by Douglas's father, the Marquess of Queensberry. Wilde sued for libel, but was rebuffed when enough evidence was found to charge him with 'gross indecency' for his homosexual relationships. He was convicted and spent two years in jail, after which he went into self-imposed exile in France, bankrupt and in ill health.A quick search of convictions for homosexuality in post-independence India threw up no evidence to suggest that anyone in the country had to even remotely undergo Oscar Wilde-like retribution. A website posted the following information: in New Delhi, police arrested 18 men in 1992 from a park on the suspicion that they were homosexuals. After protest by international human rights groups, they were released after police filed a petty case against them.Another incident was reported in a small village in Gujarat state two decades ago, where Tarulata underwent a female-to-male sex change operation and changed her name to Tarun Kumar. 'He' later married Lila in 1989. But Lila's father filed a petition in the provincial high court stating that two women could not live as a couple so the marriage must be annulled - the petition called for criminal action under Section 377 (from the British statute books).Much as the Delhi High Court judges who 'decriminalised' homosexuality recently have a point in issuing their verdict, they are missing the real malaise stalking socially backward countries like India. Several times more than gays have problems with society and law, it is the poor run-of-the-mill seekers of common heterosexual relationships who are at great peril. The Hindu right as well as Muslim zealots have both ganged up against what is considered the world over a common boy-and-girl relationship.Is there a Valentine's Day when these bigots do not pick up a fight and harass women or beat up men for professing simple love? Is there a village or a city where some or many young men and women do not count the heavy social costs if they meet in a public park? (Or in the case of Mangalore, in a restaurant?) Gay relationships do not invite the barbaric lynchings that a man-woman relationship so often does in remote and nondescript regions of India and Pakistan. Therefore, if some people are gay but still not quite happy, there is a good reason for it.
 
 
|
Reply to Comment | New Comment | Report Abuse
 
 
 
If this verdict allows consensual intercourse between two adults as their human right,then even such act between unmarried couples,married having extra marital affairs & prostitution might seek favourable judgements in future.Can any legal authority clarify such fine lines of this verdict for the proper understanding of common public?Ofcourse according to nature homosexuality is absurd though civilised mankind gives liberty these days for such relations but its a sick choice & such tendancies should undergo psychological councelling before these gays or lesbians get in to a legal marriage.
 
 
|
Reply to Comment | New Comment | Report Abuse
 
 
Rahul, you need psychological counselling.
|
Rahul: You are stupid. Prostitution is paid sex, sex between two adults is morality issue. Sex between two men or women is freedom issue
|
Rahul: Ask you parents to get you some medical help
|
Loading
Latest in India