02 July 2009

Indian Court Strikes Down British-Era Laws Criminalizing Gay Sex


The Delhi High Court ruled that the British colonial era ban on consensual adult gay sex is illegal and has struck it down. While the actual ruling is only applicable to the national capital region, its persuasive effect will be felt nationally -- and may persuade other NGOs to file separate cases to make the holding binding nationally. A much better resolution than the 2004 dismissal by the court calling the previous case a mere academic exercise.

Update: Britain's Channel 4 has a great video with its article on this piece of news.

8 comments:

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  2. wow. that's really good. people complain about gay marriage not knowing that in some places, people get persecuted for hooking up.

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  3. It's about time! Several years from now, our children's children would look fondly on this day and question us why it took us so long.

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  4. @lahat: i was very happy to read in most of the major Indian dailies staff editorials supporting the decision and recognizing that it was the British that had the problem with sex, not Indians!

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  5. a ban on consensual adult gay sex. if a sexual act is consensual to both adult parties, i wonder how the indian government used to implement this law. i mean, who reported violators? did they hire spies? lol.

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  6. @Victor: If you read the 105 page opinion, it is very sad. The police selectively target two types of gays in India. Those that were "known to be secretly gay" and have money to pay off police and those that are too poor and can be subjected to rape and torture without consequence. Yet, as my description shows, no one was ever really "prosecuted" gays in the juridical sense in the last 100 years, just extorted or raped and tortured.

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  7. filipinos are still lucky, after all, i guess. relatively.

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