Stuge Posted December 11, 2013 Posted December 11, 2013 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
hhunaeh Posted December 11, 2013 Posted December 11, 2013 how is people's sexual preferences of any concern to govts, courts or laws?
DomainK Posted December 11, 2013 Posted December 11, 2013 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.
Raghav_12 Posted December 11, 2013 Posted December 11, 2013 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.
hhunaeh Posted December 11, 2013 Posted December 11, 2013 No political party will get 377 repealed. They are all cowards. The lgbt community is in for a never ending fight.
urbestfriend Posted December 11, 2013 Posted December 11, 2013 No political party will get 377 repealed. They are all cowards. The lgbt community is in for a never ending fight. Time has come to amend the constitution..With much awareness and pressure from press, it is likely that it will happen soon.
DomainK Posted December 11, 2013 Posted December 11, 2013 Reddit India is going crazy raging against the SC. It's one of the dumbest websites in the world.
hhunaeh Posted December 11, 2013 Posted December 11, 2013 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.
Stuge Posted December 11, 2013 Author Posted December 11, 2013 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
DomainK Posted December 11, 2013 Posted December 11, 2013 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?
ganeshran Posted December 11, 2013 Posted December 11, 2013 The provision in the constitution is in violation of the human right to equality. The HC struck down the provision on the same grounds. The government should move an amendment though.
ganeshran Posted December 11, 2013 Posted December 11, 2013 What is the stance of the chaddi parties on this :hmmm: 2/3rd majority is required to move an amendment IIRC
hhunaeh Posted December 11, 2013 Posted December 11, 2013 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.
Precambrian Posted December 11, 2013 Posted December 11, 2013 Can't be any more flip flop than that of Cong
beetle Posted December 11, 2013 Posted December 11, 2013 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.
ganeshran Posted December 11, 2013 Posted December 11, 2013 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
DomainK Posted December 11, 2013 Posted December 11, 2013 +1 WTF Supreme Court......we expect better from you.Blindly following stone age laws is not what we expect.Very disappointing. I can't understand what everyone is blaming the SC. It has a valid point.
DomainK Posted December 11, 2013 Posted December 11, 2013 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"?
DomainK Posted December 11, 2013 Posted December 11, 2013 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.
Sachin=GOD Posted December 11, 2013 Posted December 11, 2013 now that its upto the Parliament to amend the constitution in this matter, I don't see it being done for at least 10-15 years.
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