HIGH COURT GIVES HISTORIC JUDGEMENT
Font Size 
Legally gay: historic court order makes it possible
Published on Thu, Jul 02, 2009 at 11:00, Updated on Thu, Jul 02, 2009 at 19:52 in India section
Tags: Gay Rights, Delhi High Court , New Delhi
Related Stories
Photogallery
 |  |
New Delhi: Gay sex won legal sanction in India after the Delhi High Court on Thursday passed a landmark ruling that was hailed by gay rights activists but denounced by religious leaders as an assault on God.
In a judgment that followed eight years of judicial battle, the Delhi High Court read down Section 377 of the Indian Penal Code (IPC), quoting Jawaharlal Nehru to emphasise that the Constitution guaranteed gay rights equal to what other citizens enjoy.
In a courtroom packed with around 100 people, Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, Section 377 would violate Article 21 of the Constitution, which states that every citizen has equal opportunity of life and is equal before law.
"Equality and inclusiveness are the tenets of the Constitution," they quoted India's first Prime Minister as saying. Calling any discrimination anti-thesis of the right to equality, the judges added, "Equality should not be read literally, but in true spirit."
In a judgement of over 100 pages, the judges said that Section 377 should be amended and any sex between consenting adults should be legalised. They underlined, however, that this would not apply to those under 18 years.
Many of the gay rights activists from India and abroad present in the court broke into tears as the order was passed while others shouted in joy before realising that their action would amount to contempt of court.
In no time, they trooped out of the court room screaming "We have won, we have won!" and "justice has prevailed". Simultaneously, they handed out pamphlets explaining what homosexuality is all about.
Outside, gay activists burst into celebrations and shouted slogans hailing the judiciary. Others held a variety of hand-written placards including one that said in bold letters: "377 Quit India".
Religious leaders protest
The reaction from Hindu, Muslim and Christian leaders was swift and bordered on anger and disbelief.
"The Arya Samaj can never accept this. This cannot be applied to Hindu society or our beliefs," a senior priest of Delhi Arya Samaj Mandir Ganesh Tripathi said.
All India Muslim Personal Law Board's Kamal Farooqi said, "This is a sad day for civilised society. It is not acceptable. They are playing with the future generations and civilised society."
Pro-vice chancellor of Darul Uloom Maulana Abdul Khaleeq Madrasi said over telephone, "Scrapping such law is not justified. Islam does not allow such relationships. This is an attempt to impose Western culture on Indian society."
Father Dominic Emmanuel added, "We are against legalising (gay sex)... This is because what they do is unnatural and against the design and will of God."
[ Single Page View ]
| Ads by Google |
| Related Ads: | |
Read Comment | Post Comment
What is ethics and who are its custodians?
Read Comment
where is India heading to?The culture has been changed.The supreme court should not have accepted gays to be legal.what is
Read Comment
so there\'s every possibility to expect an attack on a straight guy from a gay????{according to your findings?}
Read Comment
A nonsense law, a nonsense judgement, and a nonsense debate.
All kind of Sex, including gay and
Read Comment
There still exists a big question which is debatable whether Article 21 has been infringed or not.The prostitution is also
Read Comment
Read more comment »