In a significant victory for gay rights, the Delhi High Court (HC) has declared as "unconstitutional and arbitrary" the 149-year-old law that criminalises consensual homosexual acts among adults.
Going beyond decriminalising homosexuality, the Delhi HC has widened the ambit of Article 15 of the Constitution, which prohibits discrimination on grounds of sex, religion and caste. It has expanded the term sex to include sexual orientation. This means a person cannot be discriminated against on grounds of sexual preference.
However, the court said, Section 377 of the Indian Penal Code (IPC) will continue for non-consensual and non-vaginal sex involving minors.
"The court's decision marks respect for human rights -- irrespective of one's sexuality and sexual orientation," said Anjali Gopalan of Naz Foundation, the NGO that filed the 2001 PIL, on which the court sounded its ruling.
Do you support the Delhi High Court order on homosexuality?
Readers' comments:
No.
Monday, July 6, 2009 16:41 IST
uday, bangalore
No, as it is against Nature and we are bound by Nature's law.
Monday, July 6, 2009 14:01 IST
Zahir, Thane
Well, everyone is free to be what they are. If a guy loves a guy and a gal loves a gal, so be it. I'm more happy about lifting this Christian evangelist law from us. Don't forget that we were under Christian rule before 1947 and under Muslim rule before that. Our Hindu culture has space for every creed on the face of the earth. (I know some Hindu groups are against this law, but that's the beauty of Hinduism. Everyone has a right to speak, which is absent elsewhere.) In ancient times, same-sex love was quite acceptable and our myths prove this argument. It is high time the law is amended in India too.
Thursday, July 2, 2009 13:26 IST
Shikhar, Dehra Dun
Sure it should. Why the question?
Wednesday, July 1, 2009 9:41 IST
Think Again, US
I find it amazing to read so many comments about homosexuality being 'against humanity and nature'. It's just a matter of education, I guess. Or the lack of.
Has it ever occurred to you that homosexuality exists and has existed all over the planet, since immemorial times, facing a complete variety of social stands ranging from the utmost condemnation to the recognized and specifically honoured social status? Several civilizations recognized same-sex love and couples as perfectly legitimate. So much for 'against humanity'.
Furthermore, when I see where some of the comments come from, I suggest you should first look at how you treat the feminine half of your populations, before raising your voice too loudly.
Second, I'd like to remind some of you that nature is much larger than your own little cultural backgrounds, in space and time. Nature offers an incredible variety of sexual behaviours and reproductive means. And yes, that includes masturbation, homosexuality, and same-sex couples raising kids. If you can put a hand on Bruce Bagemihl's excellent study on the subject, you'd be certain to learn something.
Before you speak so vehemently about things you know nothing about, except your own prejudices, please educate yourselves.
Wednesday, July 1, 2009 4:35 IST
Eric, Lyon France
