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Supreme Court pronounces gay sex illegal


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NEW DELHI: The Supreme Court today set aside the decision of the Delhi high court, which had in 2009 decriminalised sexual relation between persons belonging to same sex. The apex court upheld the constitutional validity of Section 377 of Indian Penal Code that makes **** sex a punishable offence. LGBT activists, whose sexual relationships had been legalised by the Delhi HC, broke down inside the court room. Parliament is authorised to remove Section 377, but as long as this provision is there, the court can not legalise this kind of sexual relationship, the SC bench observed. A bench of Justices G S Singhvi and S J Mukhopadhaya had reserved judgment on March 27 last year on a bunch of petitions, many arguing in support and some against the HC verdict, after hearing arguments on a day-to-day basis for over a month. The judgment, coming after nearly a year and nine months of remaining reserved, is the last one to be pronounced by Justice Singhvi, who retires on Wednesday (11-12-13). 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. Those in favour of the Delhi HC verdict and those opposed to it are divided on religious considerations. While liberal organizations, including NGOs advocating LGBT rights, are supporting the HC decision, those opposed to it are mainly from religious groups belonging to Hindu, Muslim and Christian communities. Those who challenged the Delhi HC verdict, which came on a petition filed by NGO 'Naz Foundation', included BJP leader B P Singhal, All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance. The Delhi Commission for Protection of Child Rights, Tamil Nadu Muslim Munn Kazhagam, astrologer Suresh Kumar Kaushal and yoga guru Ramdev have also opposed the verdict. (With inputs from PTI)
http://timesofindia.indiatimes.com/india/Supreme-Court-pronounces-gay-sex-illegal/articleshow/27208873.cms?utm_source=facebook.com&utm_medium=referral
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how is people's sexual preferences of any concern to govts' date=' courts or laws?[/quote'] It should not be any concern of the court. But, the SC has a point here. There can not be a law in direct contradiction of the constitution of the country. The right way to go about it is to amend the constitution and then correct the law.
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It should not be any concern of the court. But, the SC has a point here. There can not be a law in direct contradiction of the constitution of the country. The right way to go about it is to amend the constitution and then correct the law.
Yes. SC anyway had limited say in the matter. They had to give the judgment as per the direction given in our constitution. If nay change has to come, it has to come from legislatures only. Parliament has to make a decision, not Supreme court. First IPC 377 has to be removed only then decriminalization can happen.
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One's sexuality is very personal issue. Other than your partner nobody else has the right to tell you what you should and should not do. Legislating sexual acts is a outrage. I hope more people rage against this verdict/passing the buck.
+1
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One's sexuality is very personal issue. Other than your partner nobody else has the right to tell you what you should and should not do. Legislating sexual acts is a outrage. I hope more people rage against this verdict/passing the buck.
And why are you not hoping that more people rage against the provision in the constitution? Why against this verdict?
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And why are you not hoping that more people rage against the provision in the constitution? Why against this verdict?
That's so obvious that i did not feel the need to state it out loud. Of course i hope that people rage against this provision now that the supreme court has gone against the delhi high court's verdict. I wish the supreme court sided with the delhi high court.
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One's sexuality is very personal issue. Other than your partner nobody else has the right to tell you what you should and should not do. Legislating sexual acts is a outrage. I hope more people rage against this verdict/passing the buck.
+1 WTF Supreme Court......we expect better from you.Blindly following stone age laws is not what we expect.Very disappointing.
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Let's see if the government quickly moves for an amendment or drags its feet in the election year. countries are now legalizing gay marriage while India is stuck at the decriminalizing debate
No political party will want to be seen as the first to take a step towards it. Don't forget that India is still largely religious and highly conservative. And every single religion is anti-homosexuality. So which party can look the people in the eye and say "lets accept homosexuality and make it legal"?
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That's so obvious that i did not feel the need to state it out loud. Of course i hope that people rage against this provision now that the supreme court has gone against the delhi high court's verdict. I wish the supreme court sided with the delhi high court.
It can't. The constitution of the country has to be followed. No court has jurisdiction over the constitution. The Supreme Court had no alternative but invalidate the HC's ruling.
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