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Homosexuality is punishable: HC(India)
PTI ^ | 3 Nov., 2004 | PTI

Posted on 11/03/2004 9:33:36 AM PST by CarrotAndStick

NEW DELHI: The Delhi High Court on Wednesday dismissed a petition seeking review of its order rejecting a PIL challenging the constitutional validity of Section 377 of the Indian Penal Code which makes all kinds of unnatural sex, including homosexuality, a punishable offence.

"The review petition cannot be entertained", a division bench of Chief Justice B C Patel and Justice B D Ahmed said dismissing the petition filed by Naz Foundation.

Earlier, senior counsel Anil B Divan pointed out on behalf of the NGO that the court had errred in dismissing the petition as it failed to take into account recent judgements of the Supreme Court on the question of locus standi.

Divan also submitted that the law on homosexuality has drastically changed in various parts of the world, including the US and the European Union countries.

"Whatever is available in the US cannot be made available in India also", the court observed.

The Bench had on September 2 last dismissed the petition filed by Naz Foundation on the ground that there was no cause of action for the petitioner to approach the Court.

"A petition cannot be filed just for testing the validity of a legislation," the Bench had said.

The NGO, which works for AIDS awareness, had filed the PIL in 2001, seeking to declare section 377, IPC as violative of right to equality (Article 14), right to freedom (Article 19) and right to life and liberty (Article 21) of the Constitution.

The Centre had opposed the petition saying homosexuality cannot be legalised in India as the society disapproves of such behaviour.

"Law does not run separately from the society. It only reflects the perception of the society. Public tolerance of different activities change and the legal categories get influenced by these changes.

"The public, notably in UK and US have shown tolerance of new sexual behaviour or sexual preference, but it is not universally accepted behaviour. Objectively, speaking, there is no such tolerance to the practice of homosexuality/ lesbianism in Indian society," the Centre had stated.

However, the NGO felt that the Court should have taken into account the grave threat to public health by proliferation of HIV as Section 377 was leading to marginalisation of homosexual minority and preventing them from coming in the open for help.


TOPICS: Constitution/Conservatism; Foreign Affairs; Front Page News; Government; News/Current Events
KEYWORDS: election; gay; homosexuality; india; ohio; samesex; us
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1 posted on 11/03/2004 9:33:39 AM PST by CarrotAndStick
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To: All

PIL stands for Public Interest Litigation


2 posted on 11/03/2004 9:34:22 AM PST by CarrotAndStick (The articles posted by me needn't necessarily reflect my opinion.)
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To: CarrotAndStick

india is screwed up.


3 posted on 11/03/2004 9:36:21 AM PST by philsfan24
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To: CarrotAndStick

I guess we know where Kerry/Edwards will NOT be going on vacation.


4 posted on 11/03/2004 9:36:35 AM PST by A Real Dan Fan... NOT (John F. Kerry. As useful as a beer fart in a crowded elevator.)
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To: philsfan24

http://www.freerepublic.com/focus/f-news/1268920/posts


5 posted on 11/03/2004 9:38:54 AM PST by CarrotAndStick (The articles posted by me needn't necessarily reflect my opinion.)
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To: CarrotAndStick

>>all kinds of unnatural sex, including homosexuality, a punishable offence>>

It's no secret that gays are unnatural. Duh. But by what authority do they back up this law? Isn't India Muslim?


6 posted on 11/03/2004 9:41:07 AM PST by Righter-than-Rush
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To: Righter-than-Rush

India is not Muslim.


7 posted on 11/03/2004 9:42:03 AM PST by lady lawyer
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To: Righter-than-Rush

Hindu.


8 posted on 11/03/2004 9:43:58 AM PST by The Grammarian (Grammaticaster: one who argues pedantically about points of spelling or grammar.)
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To: The Grammarian

Secular. No official religion. Freedom to practice any of your choosing.


9 posted on 11/03/2004 9:47:13 AM PST by CarrotAndStick (The articles posted by me needn't necessarily reflect my opinion.)
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To: philsfan24

Yes they are, because they are outrageously racist, classist and sexist... but if they are against homosexuality at least they got one thing right..


10 posted on 11/03/2004 9:47:17 AM PST by Awestruck (The artist formerly known as Goodie D)
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To: Awestruck

you can be against homosexuality but punishing it is taking it too far.


11 posted on 11/03/2004 9:49:04 AM PST by philsfan24
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To: philsfan24
...you can be against homosexuality but punishing it is taking it too far.

Same with abortion and drugs too?

I mean, as far as I am concerned, homosexuality is two lives lost in a fruitless endeavour.

12 posted on 11/03/2004 9:53:56 AM PST by CarrotAndStick (The articles posted by me needn't necessarily reflect my opinion.)
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To: CarrotAndStick

comparing abortion to homosexuality is comparing apples to oranges. in abortion you are killing a human life. theres is nothing more disgusting about this society than that. i cant believe we allow ourselves to murder innocent infants and should be punished to the fullest extent.

homosexuality is immoral but shouldn't be punished by a society. are you gonna start locking up people who commit adultery too?


13 posted on 11/03/2004 9:58:55 AM PST by philsfan24
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To: CarrotAndStick

"Whatever is available in the US cannot be made available in India also", the court observed."

Sandra Day O'Connor and her friend Ginzburg should take note of that.


14 posted on 11/03/2004 10:00:18 AM PST by ladylib
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To: Righter-than-Rush; philsfan24; Awestruck

The basis for Section 377 of the IPC is the anti-sodomy act that the British introduced in 1860.It has rarely been modified & is concerned with any "open" sexual activity between men(& not women)-the word open here is well left for interpretation.It could very well be 2 guys doing it on the road or the police stumbling on them somewhere getting laid.The fact of the matter is very few people have been prosecuted using this law.The issue here is not punishing people for being homosexual ,it is only that they don't have right to flaunt it around .If the price for maintaining sanity in Indian society is to punish open expression of homosexuality,being an Indian,im all for it.None of the religious communities in India are in favour of it.

India has over 800 million Hindus,138 million Muslims & 25 million Christians & I don't know what the sexist & racist came from.The Head of State ,the president is a Muslim,the Head of Government ,the PM is a Sikh & the leader of the largest party in parliament is a Catholic lady & many Christians & Muslims have risen to command India's armed services & distinction in other spheres.


15 posted on 11/03/2004 10:06:51 AM PST by sukhoi-30mki
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To: philsfan24
...comparing abortion to homosexuality is comparing apples to oranges... ...in abortion you are killing a human life...

Exactly. And that's why I included drugs in that list. Many drugs don't kill...yet they need to be banned. So also homosexuality.

16 posted on 11/03/2004 10:09:22 AM PST by CarrotAndStick (The articles posted by me needn't necessarily reflect my opinion.)
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To: CarrotAndStick; philsfan24

Abortion kills a human life,homosexuality slowly kills the soul of human society.Don't tell me that there is no link whatsoever between the greater openness bout homosexuality in the US /Western Europe & the big increase in divorce rates/family breakups/spousal abuse/child abuse over the past 25 yrs???


17 posted on 11/03/2004 10:18:18 AM PST by sukhoi-30mki
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Comment #18 Removed by Moderator

To: Awestruck
No it's something they got wrong, and another example of the fallacy of multiculturalism, and the superiority of American democracy. We don't punish people for their behavior simply because we disagree with it, nor do we punish people for speaking out against what they consider to be morally wrong (as they do in Europe, and what Canada is sliding towards).
19 posted on 11/03/2004 10:45:28 AM PST by RightWingAtheist (Feynman Lives!)
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To: CarrotAndStick
Secular. No official religion. Freedom to practice any of your choosing.

Oh, so you mean like the U.S.? /sarcasm

Just as the US is a "secular" country predominantly Judeo-Christian in ethics and law, India is a predominantly Hindu country with some trappings of the British parliamentary system.

20 posted on 11/03/2004 10:56:03 AM PST by The Grammarian (Grammaticaster: one who argues pedantically about points of spelling or grammar.)
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