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Gay sex legalised: Is this judgement a major milestone in making India a modern and progressive society?

Gay sex legalised: Is this judgement a major milestone in making India a modern and progressive society? | Read Story

TimePosted by IBNLive at 11:39 AM, Jul 02, 2009 | Updated at 04:55 PM, Jul 03, 2009 in India

The Delhi High Court on Thursday legalised consensual sex among gays on Thursday. The court struck down Section 377 of the Indian Penal Code. The court said that if not amended, Section 377 of the IPC would violate Article 21 of the Indian Constitution, which states that every citizen has equal opportunity of life and is equal before law. Discuss.

  lessPosted by k.nandini.rao at 01:18 PM, Jul 06, 2009

If one is so damn concerned about the rights of gays & transgenders, bring them into mainstream professional work culture, make them news readers for the most popular shows on TV, give them the economic boost that they require, let them be anchors for your daily course of reality shows, let them enter any shop they want without being scrutinized!
That is what is know as liberation from social stigmas, ...
I haven't seen a single transgender work in an office so far....so is that our sense of justice? Is that what we call living the 21st century?

How can we simply dismiss the health aspect of such a verdict? Aren't there enough problems already?
Is that our sense of modernity?
I also abide by the principle 'live & let live'.
But what about the responsibilities of living in a society?
And what about our identity?
Do you believe it's okay to shed your culture & traditions because it's a globalized world?

If that is so, then let me know which society is going to accept us without our cultural identity?

And let us conclude what is right & what is wrong without mentioning the word religion.

Everyone seems to shun it as the singular most evil obstacle in our fight for justice.

Is that all we know about religion?


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Posted by patric.ravi at 06:38 AM, Jul 11, 2009

You are correct, the gays and transgenders should be brought into mainstream. But the police arrest them and harass them under the guise of Section 377 IPC and never allow them to come out publicly. Only in certain festivals which is meant exclusively for them in some parts of India they are allowed to come out publicly and express their feelings. The judgement does not scrap the section as a whole, it has only advised the Govt of India to make necessary amendments to exempt consensual sexual activity between the homosexuals from the penal provision of sec 377 IPC


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Posted by k.nandini.rao at 01:14 PM, Jul 06, 2009

About the gay thing, I'm happy that freedom has found a new meaning in our society, but my views on the subject are still a little conservative.
Although I cannot be entirely right, my conscience says that the family system, & the ethics that bind the society will be hit hard with this verdict.
Right or Wrong, in our country, it has become fashionable & a matter of convenience to go against the obvious.
Everyone is today obsessed with the word 'ATTITUDE', as the single most powerful tool to success. I agree, a right attitude is important, to make it big in life; but who is defining what a right attitude should be?
Aggression is not equivalent to a progressive mind.
Anyways, everyone seems to obey the new law. We Indians have this herd mentality, so anything that doesn't affect your space will be taken for granted.
We will have to live with this.
I believe the verdict was a desperate stamp to prove our loyalty towards the so called modern era.
I do not understand what is so damn modern about it! We shy away from implementing sex education in schools even today, which should be the topmost priority.
We always have this tendency to go tangent in our efforts to improve lives, and look what we've finally concluded!
We Indians are the ultimate nutcases. We are more bothered about pleasing everyone & finding our way through the mess than solving problems head on.




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Posted by sitians at 05:34 PM, Jul 05, 2009

One Judgment, two rulings or three amendment of some sections of constitution can't make a nation modern and progressive society. It’s same like....if I will call my son Einstein or Milton, so from next morning he will become genius and scholar without any doubt???? It’s level of education, health care, basic amenities and employment guarantee to all with high class infrastructure which can make a nation Modern, progressive or miserably failed. Now come to Section 377 of Indian Panel Code which criminalizes homosexuality, this law has been come to our system in the Year 1860 by Victorian English Law curtsy Lord Macaulay!!!! Can a law or any law/system which is exactly 150 years old can be or should be relevant is Million Dollar question??? The problem with our nation is whatever Britisher has given or imposed on us is still valid and revered by our ruling elite to the core of their heart!!!! I am not defending or criticizing gay or lesbian relationship. It’s one’s own life and choice which should be respected provided it won’t cause great disaster to the society. What’s happening inside four walls can’t be or never be controlled by any law, any constitution or any moral policing. It’s our moral values, our ethics, our family values and our preference which drives the society. We expect from Mr. Moily to go to the detail of all these law which we are pursuing since Stone Age. We need all the irrelevant law should and must be changed, altered or obliterated. Moily is a person who has penchant for good governance. Whilst he was Minister of Higher Education in Karnataka he was replying himself the personal letter wrote by student!!!

Laws can’t stop or deter any one to pursue one’s preference. Can our stringent law stopped or prevented the abortion??? No not exactly. I think it’s rampant abortion pursued by our society, caused enormous damage to the society and universe as a whole. It has changed and of course changing the male-female ratio in a very alarming way. Our myth and social structure/stigma is forcing to abort the girl child and thus reducing the female population drastically. This change of dynamic has become the cause of many ills of society including Rape, molestation and unnatural acts. It’s society upheaval.

Now come to Homosexuality.....It has been proved scientifically that Homosexuality is caused by gene Y29. The size of brain of gay is relatively bigger than heterosexual counterpart. So this is not a perversion of his/her mind issue alone??? There is many a myth that Homosexual is spreading AIDS while it’s act of heterosexual, their change of partners and their unsafe sex which is the real cause of spreading AIDS. It’s lack of education and social taboo, myth which is damaging in the real sense. What’s required from our government is to abolish those laws which criminalize homosexuality with punitive punishment. It should not be other way round that Government is promoting Homosexuality by abolishing that section from IPC. Actually there should be brothel, and if it’s banned completely then you will find it’s happening in our neighborhood or anywhere and everywhere unaccounted without any control. The whole universe is ruled and revolved around Supply and Demand theory. Government stopped Dance Bar in Bombay showing their moral guardianship but they have not given any alternative job to those girls for their livelihood. In other sense you are forcing to do illegal activity including prostitution or begging??? Now what other option government has given to those thousands of man who goes to have some easy entertainment???? Nothing or we don’t know. Still Dance Bar is going on in a very restricted way with handsome money to Police and upper echelon????? So any decision/law which has taken without proper thinking and without weighing it’s Pros & Cons, Cause and Effect can’t be guaranteed to be successful. There must be checks and balance but with holistic approach and not like Tuglaki Farman!!!!


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Posted by akaj188 at 11:40 AM, Jul 05, 2009

The most important point is that we are discussing issues like gay sex openly. This in it self is a very positive development.

Our political leaders act very coy on such issues. Such attitude only puts the problem under the carpet. Apart from the emotional angle many crucial health issues likes AIDS control are involved with gay sex issues which can be igmored only at our peril.

There should be debate ,also, on other issues like legalising prostitution with strict controls.


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Posted by raghavendra128 at 10:22 AM, Jul 05, 2009

Next best thing, provide them reservations, subsidies, loans etc. Appoint more judges,lawers since there would be gay marriages, divorces etc. Change Puranas accordingly and teach next generation that gays existed in history.Poor India.


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Posted by mann79_kohli at 11:38 PM, Jul 04, 2009

only .5%to1% of total population r homosexual than y we r putting the lives of rest 99% population in danger. this I am saying by my experience.
I am not against it if such persons r their let them live there lives as they want. But the way media is showing it is dangerous since we know human mind learn more from visual as compare to any thing else as well as humans always want to know the thing that is hidden .
because of this and many other reasons the stable mind that earlier Indians where having can't be seen so common today.Our culture want us to have full control on our mind and feelings .that is y we indians have done such a progress in such a short period of time.


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Posted by speedtrain at 11:32 PM, Jul 04, 2009

Why womens organizations oppose gay rights?


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Posted by vinayakapran at 09:27 PM, Jul 04, 2009

A still long way need to go in this matter.


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Posted by harangi at 08:50 PM, Jul 04, 2009

First let the countless pending cases get settled to stop the misery of under trials, and stop rampant corruption in the judiciary specially the lower one before patting the back of judicial system.
Let us not run out of ideas to create bench mark for a modern and progressive society.


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Posted by sharath.srsam at 08:34 PM, Jul 04, 2009

This is a bold step by the judiciary , but stamping that Gay and homosexuality as Growth and Progress is unfortunate.we have bigger issues still unaddressed


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