Today the Delhi High Court delivered its much awaited judgment on the legality of Article 377 of the IPC as it pertains to homosexuals. In line with previous opinions from the court, it maintained that criminalizing a private act between people where no person is harmed is beyond the jurisdiction of the state and violates the right to freedom that is guaranteed in the Indian Constitution.
Image Credit: Thushan Amarasiriwardena / LongJaunt.com
Legalizing homosexuality in India
The judgment is a 105 page pdf and fully details all the arguments used by the NAZ Foundation in favor of repealing 377 as well as those of the Government who wanted to keep homosexuality in India illegal. Surprisingly for me, the entire document is in plain English and is quite easy to understand – not in “legalese” at all. It’s very wide in scope and examines issues of privacy, previous judgments (both from within India as well as from other countries) and counters each of the main points of the government (specifically the home ministry who at that time said it would “corrupt society”)
The Delhi HC said that just because there is social opposition to a move does not mean that the rights of individuals can be trampled upon. In doing so, it showcased the robustness of the Indian Democracy and sent a powerful message to those would want us to be ruled by the mob.
Yes!!! Another step forward for India!
Thats very true, another bold step of emerging India.
[...] a preliminary panel of the three involved ministries (Home, Health, and Law) have said that the Delhi High Court’s judgment legalizing gay sex followed the Indian Constitution – specifically Articles 14, 15, and [...]
[...] very common argument raised by those protesting against the decriminalization of homosexuality runs something like this: “If you allow men to have sex with men on the principle that what [...]
It shame for India
Now next make law legal sex with animals..
Shameless nation Shameless Country
[...] really bugs me is that these morons are trying to defy the Constitution of India. In the recent verdict decriminalizing homosexuality, the Delhi HC made it clear that “Constitutional morality trumps public morality.” It [...]
I think lot of people need education on what it means to be leagal. Homosexuality is still illigal until it is legalized by an act of the parliament. The rest have to fight in courts and only thing they get is advantage of a precedence in a court of law.
Actually since it was a constitutional ruling by the HC, it's now the law of the land all over India.