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In this file photo taken on Dec 15, 2013 an Indian gay rights activist holds up a placard against Section 377 as they take part in a protest against the Supreme Court ruling reinstating a ban on gay sex, in Kolkata. — AFP |
NEW DELHI: India's top court began reviewing Tuesday petitions against a colonial-era ban on homosexuality, in the latest chapter of a legal tussle between social and religious conservatives and more liberal-minded Indians.
Section 377 of the penal code, a relic from 1860s British legislation, bans gay acts as "carnal intercourse against the order of nature" and allows for jail terms of up to life, although prosecutions are rare.
In 2009, the Delhi High Court effectively decriminalised gay sex, saying a ban violated fundamental rights, but the Supreme Court reinstated it in 2013 after religious groups successfully appealed.
The Supreme Court said the High Court had overstepped its authority and that the responsibility for changing the law rested with lawmakers not the courts. Efforts to introduce legislation however came to nothing.
In January this year however, the Supreme Court agreed to hear a challenge by a clutch of high-profile Indians who said the law created an atmosphere of fear and intimidation in the world's largest democracy.
One of them, Keshav Suri, a hotelier, told AFP last month he wanted "an inclusive and diverse India."
"I am a proud gay man, I want to live with dignity. I want to have the right to live with dignity," he said.
"I want to be able to make sure that every citizen in this country has the right to choose their sexual orientation as a consenting adult."
The gay community was emboldened last year when the Supreme Court referred explicitly to the issue in a landmark ruling upholding the right to privacy.
Gay sex has long been taboo in conservative India, particularly in rural areas where nearly 70% of people live, with homophobia widespread. Some still regarding homosexuality as a mental illness.
Hindu right-wing groups supportive of Prime Minister Narendra Modi's ruling Bharatiya Janata Party (BJP) have been especially vocal, calling gay relationships a disease and a Western cultural import.
Last month, a lesbian couple committed suicide by jumping into a river in the western state of Gujarat, in just the latest tragedy as gay men and women struggle to reconcile their feelings and conform to societal norms.
According to official data, 2,187 cases under Section 377 were registered in 2016 under unnatural offences. Seven people were convicted and 16 acquitted.
Globally 72 countries criminalise same-sex relationships, according to a 2017 report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association. — AFP
Section 377 of the penal code, a relic from 1860s British legislation, bans gay acts as "carnal intercourse against the order of nature" and allows for jail terms of up to life, although prosecutions are rare.
In 2009, the Delhi High Court effectively decriminalised gay sex, saying a ban violated fundamental rights, but the Supreme Court reinstated it in 2013 after religious groups successfully appealed.
The Supreme Court said the High Court had overstepped its authority and that the responsibility for changing the law rested with lawmakers not the courts. Efforts to introduce legislation however came to nothing.
In January this year however, the Supreme Court agreed to hear a challenge by a clutch of high-profile Indians who said the law created an atmosphere of fear and intimidation in the world's largest democracy.
One of them, Keshav Suri, a hotelier, told AFP last month he wanted "an inclusive and diverse India."
"I am a proud gay man, I want to live with dignity. I want to have the right to live with dignity," he said.
"I want to be able to make sure that every citizen in this country has the right to choose their sexual orientation as a consenting adult."
The gay community was emboldened last year when the Supreme Court referred explicitly to the issue in a landmark ruling upholding the right to privacy.
Gay sex has long been taboo in conservative India, particularly in rural areas where nearly 70% of people live, with homophobia widespread. Some still regarding homosexuality as a mental illness.
Hindu right-wing groups supportive of Prime Minister Narendra Modi's ruling Bharatiya Janata Party (BJP) have been especially vocal, calling gay relationships a disease and a Western cultural import.
Last month, a lesbian couple committed suicide by jumping into a river in the western state of Gujarat, in just the latest tragedy as gay men and women struggle to reconcile their feelings and conform to societal norms.
According to official data, 2,187 cases under Section 377 were registered in 2016 under unnatural offences. Seven people were convicted and 16 acquitted.
Globally 72 countries criminalise same-sex relationships, according to a 2017 report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association. — AFP
Just another proof for the PD!
ReplyDeleteRemember Alan Turing - the English computer scientist, mathematician, logician, cryptanalyst, philosopher, and theoretical biologist of the 50s?
Despite all his brilliance, he was a gay whom the conservative pommie society couldn't accept. The cruel chemo-treatments forced upon him eventually led him to commit suicide!
That was the 50s of the now open & liberal West!
A generation of 60yrs to change the depth-rooted theological indoctrination of hate/despise for the lbgt community.
Hmmmm…… China can accept lgbt while India can't! Both r old civilisations with the ONLY difference is the role of religion dictating the everyday life of the citizenry.
Yet amongst the melayu, lgbt constitutes one of the largest unmentioned group within the community!
How long would it take for bolihland to evolve to accept lgbt?
Tough - as zombieism is spreading like bushfires amongst the blur-sotongs, who happen to be the majority of the populace!
In their eyes, lgbt r worst than peadophiles!
To their god, there is NO equality for his/her/its creation.
Dont care.....so long yindia capture kaytee alive and cut off his dick
DeleteYou are commenting gayness in kaytee blog. Ck.....no effect on him la. Better focus on something that will ensure he mampus
DeleteWhy write about India and it's courts and whether LBGT have equal rights as everyone else?
ReplyDeleteTake the subject on in Malaysia since our LBGTs here also need their civil rights to be protected and not hounded by the religious authorities or shunned by their believers.
Does it make sense when the religious authorities here are more protective and liberal of Paedophiles than LBGTs?
Curse their GOD or GODS for having LBGTs being born instead of just being normally born like others? It wasn't their choice to be born an LGBT in the first place. Where else Paedophiles should be cursed and condemned since they were not born that way but are just pure Human/Animal Lusts based on some grandmother stories thousands of years ago where men are more evil and less civil.
Have a National referendum to decide on all these issues and put it out of the way and if the majority have decided and laws are enacted accordingly, then at least all the Paedophiles and LBGTs know whether to remain staying in Malaysia or migrate elsewhere where they can live the lives they want.
Damn lucky to all those Malaysian families who don't have sons or daughters born as LBGTs and cursed by their GOD is one who is born to them.
Everything under the sun except najib. Motherfucker kaytee must be tortured to death
DeleteAs I told you before I did NOT fCk your mother, and am NOT your dad
DeleteWhy do we need kaytee in blogphere? I love to torture him
ReplyDelete