Skip to comments.India court legalises gay sex in landmark ruling
Posted on 09/06/2018 6:21:15 AM PDT by Ennis85
In a historic decision, India's Supreme Court has ruled that gay sex is no longer a criminal offence.
The ruling overturns a 2013 judgement that upheld a colonial-era law, known as section 377, under which gay sex is categorised as an "unnatural offence".
The court has now ruled discrimination on the basis of sexual orientation is a fundamental violation of rights.
Campaigners outside the court cheered and some broke down in tears as the ruling was handed down.
Although public opinion in India's biggest cities has been in favour of scrapping the law, there remains strong opposition among religious groups and in conservative rural communities.
But this ruling, from the top court, is the final say in the matter and represents a huge victory for India's LGBT community.
One activist outside the court told the BBC: "I hadn't come out to my parents until now. But today, I guess I have."
What have the judges said?
Thursday's decision was delivered by a five-judge bench headed by India's outgoing chief justice Dipak Misra and was unanimous.
Reading out the judgement, he said: "Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional."
Another judge, Indu Malhotra, said she believed "history owes an apology" to LGBT people for ostracising them.
Justice DY Chandrachud said the state had no right to control the private lives of LGBT community members and that the denial of the right to sexual orientation was the same as denying the right to privacy.
The ruling effectively allows gay sex among consenting adults in private.
What is section 377?
It is a 157-year-old colonial-era law which criminalises certain sexual acts as "unnatural offences" that are punishable by a 10-year jail term.
The law punishes, in its own words, "carnal intercourse against the order of nature with any man, woman or animal".
(Excerpt) Read more at bbc.com ...
It’s the foot in the door so to speak and they’ll live to regret it.
Memo to India: ‘Slippery Slope’ isn’t always a logical fallacy.
This from the same country that gave us the Kama Sutra................
Or not, given sodomy's disease vector.
Finally, Rajisch (sp)vindicated.
Globalist agenda...destroy humanity for their father, Satan.
Once again the black robbed magistrates legislate from the bench, even in India.
Can there any wonder why the American left is so fearful of losing their Supreme Court legislature?
I’m talking about their society not gay men.
As was I.
Winking at one perversion makes all the others winkable in their turn.
No better example than our own USA.
It’s now legal in India, and like here in the US, the homosexuals will not be satisfied until it is mandatory.
The problem with AIDS is that it takes too long to kill, increasing the opportunity to spread it.
I don’t think India is going to run to help gay men dying of their various diseases...unless, of course, they are the wealthiest members of that society the way they are here.
I don’t think that’s a foot...
Yep. And just like Lawrence, it will be construed to legalize (deconstruct) marriage by adding same-sex partners to the definition.
Seems like the Pakistan fudge packers crossed the border into India.
These court decisions always skip the middle one.
They’ll regret it. Don’t they read the newspapers, lol?
Because the Supreme Court is their key to upholding illegal aliens, thats why.
There’s going to be a whole lot of child exploitation coming out of India now.
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