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dirtydog

Rights groups have long campaigned for a repeal of the law

A court in the Indian capital, Delhi, has ruled that homosexual intercourse between consenting adults is not a criminal act.

The ruling overturns a 148-year-old colonial law which describes a same-sex relationship as an "unnatural offence".

Homosexual acts were punishable by a 10-year prison sentence.

Many people in India regard same-sex relationships as illegitimate. Rights groups have long argued that the law contravened human rights.

Delhi's High Court ruled that the law outlawing homosexual acts was discriminatory and a "violation of fundamental rights".

The court said that a statute in Section 377 of the Indian Penal Code, which defines homosexual acts as "carnal intercourse against the order of nature" and made them illegal, was an "antithesis of the right to equality".

'India's Stonewall'

The ruling is historic in a country where homosexuals face discrimination and persecution on a daily basis but it is likely to be challenged, says the BBC's Soutik Biswas in Delhi.



Activists welcome 'historic' ruling

It also promises to change the discourse on sexuality in a largely conservative country, where even talking about sex is largely taboo, our correspondent says.

Gay rights activists all over the country welcomed the ruling and said it was "India's Stonewall".

New York's Stonewall riot in 1969 is credited with launching the gay rights movement.

"It [the ruling] is India's Stonewall. We are elated. I think what now happens is that a lot of our fundamental rights and civic rights which were denied to us can now be reclaimed by us," activist and lawyer Aditya Bandopadhyay told the BBC.

"It is a fabulously written judgement, and it restores our faith in the judiciary," he said.

Leading gay rights activist and the editor of India's first gay magazine Ashok Row Kavi welcomed the judgement but said the stigma against homosexuals will persist.
TEXT OF COURT JUDGEMENT
Delhi High Court judgement overturning Section 377 of India's Penal Code

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"The social stigma will remain. It is [still] a long struggle. But the ruling will help in HIV prevention. Gay men can now visit doctors and talk about their problems. It will help in preventing harassment at police stations," Mr Kavi told the BBC.

But the decision was greeted with unease by other groups.

Father Dominic Emanuel of India's Catholic Bishop Council said the church did not "approve" of homosexual behaviour.

"Our stand has always been very clear. The church has no serious objection to decriminalising homosexuality between consenting adults, the church has never considered homosexuals as criminals," said Father Emanuel.

"But the church does not approve of this behaviour. It doesn't consider it natural, ethical, or moral," he said.


The head cleric of Jama Masjid, India's largest mosque, criticised the ruling.

"This is absolutely wrong. We will not accept any such law," Ahmed Bukhari told the AFP news agency.

In 2004, the Indian government opposed a legal petition that sought to legalise homosexuality - a petition the high court in Delhi dismissed.

But rights groups and the Indian government's HIV/Aids control body have demanded that homosexuality be legalised.

The National Aids Control Organisation (Naco) has said that infected people were being driven underground and efforts to curb the virus were being hampered.

According to one estimate, more than 8% of homosexual men in India were infected with HIV, compared to fewer than 1% in the general population.

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jandajoy

Lovely. Mwah.

blackgang

So it just goes to prove that more assfucking will stop the spread of AIDS I quess now that it is legal.

TexasRanger

Society decays even further......

mordred

Does this mean we can expect a massive migration of males from France to India?

The Fresh Prince

Fair play to them, there must be loads of pooves in India just due to the huge population numbers.

Rural Surin

Does this apply to the greater eunuch community as well?

blackgang

I saw ButterButt down making air reservations to Delhi, so looks like the influx has started..

Nawty

I bet thats a load off of Doodle's mind !

TexasRanger

How any man can bum off another man and not expect to be discriminated against is a mystery to me anyway.

The Fresh Prince

^Denial, its the first sign you know.

Lily

As it should be. It is when it is done in secrecy and denial, without any protection that HIV/Aids is spread. If it is not allowed to be talked about, how can people be educated in safe sex practices?

TexasRanger

Denial, isn't that a brown river in India? How topical.....

Lily

It seems denial is not only the lot of the Indians.


Why does it bother any other men if some want to bum others?

I have always wondered about that. Why the hostility? What is it to you?

TexasRanger

I can only speak for myself really, there are a few things that for some reason turn my stomach, for example:
Spitting Child abuse Arab body odour and men who do other men.
Now, I don't expect the Chinese to stop gobbing all over the place
I don't expect fiddlers will stop playing with kids
Arabs will probably always stink (fact not racial abuse)
Queers will probably keep causing mother nature to spin in her grave
Just cos they do it doesn't mean I have to like it.
No offence intended.......

The Fresh Prince

Africa.

plorf

Don't see a problem with decriminalisation, they can do whatever they want, doesn't affect me. What buggers me more is that gay parades are publically sponsered here.. A private life should be just that.. private. No reason for kinky in-your-face parades.

blackgang

They showed the parade they had there on Aljazeera, and it was a hum dinger alright.
A lot of the queers had their face covered because they are not sure that there will not be some adjustments made when the Hindus get done with it.

Plan B

And people who don't know how to use commas.

TexasRanger

Yeah, that's much worse than taking the old skin boat to brown town,,,,,,,,,,,,,