Delhi Court Decriminalizes Homosexuality

By Julie Bolcer

In a groundbreaking step for India, a court ruled on Thursday to decriminalize homosexuality in the country's capital, New Delhi.

The Delhi high court ruled that treating consensual gay sex as a crime is a violation of fundamental rights guaranteed by India's constitution, reports the Associated Press . The ruling applies only in New Delhi, but it represents a major advancement in India, where a 148-year-old British colonial-era law makes gay sex punishable by up to 10 years in prison.

Activists say that the law, section 377 of the Indian penal code, encourages harassment of the LGBT community and discourages safe sex, which complicates efforts to fight HIV/AIDS. Only the Indian parliament can amend the law, but the government has not committed to action.

India's Naz Foundation filed the petition against section 377 in court eight years ago. The verdict may be challenged in the supreme court.

Religious leaders criticized the ruling as a dangerous Western import.

The BBC published reactions to the ruling from gay rights activists in India.

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Reader Comments

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Name: Fritz
Date posted: 7/3/2009 6:16:00 PM
Hometown: Phoenix, AZ

Comment:
We could use a few more gay Indian men in the USA... I'll marry one... If I could...
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Name: marc_canada
Date posted: 7/3/2009 3:46:00 PM
Hometown: Montreal

Comment:
I am Proud .... Today India Has Done Right On Law 377... For Its Citizens , For Its People .... A Little More Freedom Has Just Come With All The Hard Work ... We All Have Pressed For .... From India And Abroad ... For All Indians Now A Little More Ease Of Living Has Released Its Perfumes.... You Have Just Become A Better Democracy, A Better Growth ... A True Example In Asia And The Rest Of The World ... That With Our Differences We Can All Make Better Things For Tomorrow... It Does Breathe A Little Easier For Homosexuals .... Hijrahs ... Tolerance, Acceptance That ( Five Fingers Are Not The Same, So Its For Humans) All Who Are Different Can Now Embrace A Better Living Within India3 ... Jai Hind3 With Love, Peace... Marc_Canada God3 Bless
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Name: Hindilue
Date posted: 7/3/2009 7:50:00 AM
Hometown: Calcutta

Comment:
Celebrate with a Slurpee from your nearest 7-11
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Name: ken
Date posted: 7/3/2009 7:36:00 AM
Hometown: hollywood

Comment:
they should caption who the two hot Indian guys are. were they the lawyers or something
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Name: Harry
Date posted: 7/3/2009 3:46:00 AM
Hometown: New York City

Comment:
To get the numbers right.... India is indeed home to one of the world's largest Islamic populations. But the country is by law, politics, custom, and history a secular state. The majority of Indians are Hindu, but the Prime Minister is a Sikh. The Roman Catholic Bishop of Delhi, speaking on the BBC, expressed his pleasure at the ruling, since he did not believe that moral errors should be punished by civil law. The LGBT spokeswoman brought in to debate him wound up expressing thanks and explaining his remarks made her proud to be an Indian. India is far more complicated than a mere mortal can understand.
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Name: rcjoy7
Date posted: 7/3/2009 3:45:00 AM
Hometown: London

Comment:
Halleluiah.. This is truely a move of God. I pray that oneday soon, we'll all be accepted like Jesus accepts all. We must keep fighting this battle & move toward peace & love for one another x
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Name: Usha
Date posted: 7/3/2009 12:53:00 AM
Hometown: Arizona

Comment:
Bravo! to my gay Desi brothers and sisters - well done. You faced many obstacles and despite what may or may not happen tomorrow, what a great step today. In the words of Lao Tsu - a journey of a thousand miles begins with one small step.
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Name: Sudheer
Date posted: 7/3/2009 12:30:00 AM
Hometown: San Jose

Comment:
Actually, according to another precedent set by the Supreme Court of India, the ruling of the Delhi High Court applies across the nation unless the Central Government appeals this decision. Since this High Court judgement came after the Supreme Court specifically asked the Delhi High Court to hear the matter, an appeal may not take place as indicated by one minister. Moreover, as written, the court has also stated that all laws and protection from sex discrimination must also apply to include sexual orientation and gender identity. Since India already has several legal provisions against sexual discrimination, this judgement will now allow gay groups to challenge instances of discrimination based on sexual orientation as well.
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Name: Donato
Date posted: 7/2/2009 10:33:00 PM
Hometown: Calif

Comment:
Now only if Iran can and Could do that.. as well many other muslim countrys.
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Name: Alice D'Souza
Date posted: 7/2/2009 10:13:00 PM
Hometown: SARASOTA

Comment:
Wonderful, it's just another step toward total equal rights. Good for India

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