India court legalises gay sex in landmark verdict

08 September, 2018, 10:31 | Author: Edward Snyder
  • India's top court is expected to rule on gay sex

"Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - can not be said to be unconstitutional", said the Chief Justice of India, Dipak Misra, as he read out the judgment.

As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags. "The law must take affirmative steps to achieve equal protection of law to all its citizens, irrespective of sexual orientation", said Justice Chandrachud in his separate and concurring judgment on the issue.

Observing that the Constitution nurtured dissent as a "safety valve" of society, he said "we cannot change the history but can pave a way for better future". The Supreme Court of India scrapped parts of Section 377 of the Indian Penal Code and India's lesbian, gay, bisexual, transgender and queer (LGBTQ) breathed a huge sigh of relief.

Arvind Datar, the attorney for the petitioners, argued in the court that the provision was unconstitutional because it provides for the prosecution and sentencing of consenting adults.

Homosexuality has a tangled history in India, and some of Hinduism's most ancient texts are accepting of gay sex.

Transgendered people known as "hijras", for example, have always been a common sight in India.

"The UN in India sincerely hopes that the court's ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons". They are shunned by the wider community and often forced to work as beggars and prostitutes, but are also sometimes embraced because they are believed to bring powerful blessings.




Sparks says the court ruling will not impact how India Partners presents the gospel in India and will focus on teaching God's commands knowing it impacts the church and the community because Christians can be a model for the community.

Homosexuality has gained a degree of acceptance in deeply conservative India over the past decade, particularly in big cities.

The Delhi High Court decriminalised gay sex in 2009, but the Supreme Court reinstated legal sanctions in 2014 after a successful appeal by religious groups.

The Bench said the courts must protect the dignity of an individual as right to live with dignity is recognised as a fundamental right.

"This will obviously open the doors for a lot of more things, more civil rights. We know we have a long way to go in terms of right to adoption, right to marriage but it is a very welcome beginning", Joshi said. "This is the first battle that has been won and there are many more battles that we are going to fight", he said. "For sure", he said.

The CJI also said: "Section 377 IPC subjects the LGBT community to societal pariah and dereliction and is, therefore, manifestly arbitrary, for it has become an odious weapon for the harassment of the LGBT community by subjecting them to discrimination and unequal treatment". "The country gets its oxygen back!" said filmmaker Karan Johar on Twitter minutes after the judgement.

Recommended:



Popular

Trump rips searing New York Times op-ed from unnamed senior official
Trump also tweeted out written statements by aides on the Woodward book, including one from his chief of staff. Trump says he would have liked to speak with Woodward and he says it sounds like it will be a "negative" book.

Kaepernick is face of controversial Nike ad as Trump criticizes sportswear company
However, Williams added that athletes needed to be careful of how they participate in any sort of social injustice. And Wednesday, Carolina Panthers quarterback Cam Newton and wide receiver Devin Funchess weighed in.

Captain Marvel looks great in new images, but there’s no trailer yet
The film's Starforce adds Lee Pace as warlord Ronan the Accuser, reprising his role from 2014's " Guardians of the Galaxy ". Rest easy, Carol Danvers fans... we've been served a look at Larson in the red and blue suit.

Defending champion Stephens knocked out of US Open last eight by Sevastova
In stiflingly hot conditions, the American went down 6-2 6-3 to Sevastova, who is through to her first grand slam semi-final. He looked as if he wanted to be anywhere but where he was: falling further and further behind in energy-robbing heat.

Twitter Permanently Bans Far-Right Conspiracy Theorist Alex Jones
Marco Rubio got into a back-and-forth Wednesday with far-right conspiracy theorist Alex Jones in a Capitol Hill hallway. Later, he found Darcy outside a room where Dorsey was to appear before the House Energy and Commerce Committee.

Ventura Woman’s Body Found From Colorado River Boating Accident
The Sheriff's Office will continue patrolling the river until they locate the last missing person, according to the statement. The boats were moving close to 50 miles per hour , according to an emergency dispatcher.

TIMELINE | How will Tropical Storm Gordon impact Arkansas?
Pensacola International Airport has reported more than 4 inches of rain, the heaviest total reported so far along the Gulf Coast. Governors in MS and Louisiana have declared states of emergency as Tropical Storm Gordon bears down on the Gulf Coast.

Mourinho brands Rashford 'naive' after red card
It means the 21-year-old will miss three games after the worldwide break and comes at a time when he is struggling to break into United's line-up.

Amazon becomes the country's second $1 trillion company
Like most tech billionaires, Jeff Bezos's net worth rises and falls based on his company's performance in the stock market. It's official: Amazon is the second American company to achieve a valuation of more than $1 trillion.

Malaysia: Women caned in public for lesbian act
Ahead of the punishment, Gwen Lee, Amnesty International's Malaysia head, slammed the punishment as "cruel and unjust". It is also the first time a public caning has occurred in the state, a member of the state executive told Reuters .