The Wall Street Journal, the country's supreme court will decide whether to overturn last year's Delhi high court decision to decriminalize such acts. " /> Court Decision Imminent in India | News | The Advocate
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Court Decision Imminent in India


INDIAN GAY RIGHTS SUPPORTERS IN MUMBAI X390 (GETTY) | ADVOCATE.COM

A decision is expected any day in India regarding the legality of consensual gay sex between adults.
 
According to The Wall Street Journal, the country's supreme court will decide whether to overturn last year's decision by the Delhi high court to decriminalize such acts.
 
“If there is one constitutional tenet that can be said to be [an] underlying theme of the Indian Constitution, it is that of ‘inclusiveness.’ This Court believes that [the] Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations,” a justice wrote in last year’s decision. “Those perceived by the majority as ‘deviants’ or ‘different’ are not on that score excluded or ostracized.”

The Journal reports that one rationale for preserving the law criminalizing gay sex is to facilitate prosecution of child sexual abuse cases that do not fall under the purview of existing rape statutes.

Last week the Indian government began seeking public comments on a draft amendment to clarify rape laws.

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Reader Comments
  • Name: Joseph
    Date posted: 4/9/2010 3:07:09 PM
    Hometown: Montgomery, AL

    Comment:

    To John: Normally, I find most of Davya's comments highly absurd but I'm thinking in this case you missed this key line in the article, "The Journal reports that one rationale for preserving the law criminalizing gay sex is to facilitate prosecution of child sexual abuse cases that do not fall under the purview of existing rape statutes." IOW, the government is equating gay sex with pedophilia. If that's not the gov't position, why in the world would there be any legitimate rationale for criminalizing CONSENSUAL gay sex among ADULTS in order to make it easier to prosecute cases of sexual abuse of children? It IS possible to strike out one piece of bad legislation from otherwise good law. Look at our own Constitution, for example. Vast chunks of the original 7 articles no longer have any legal standing, but they still exist in the full text.

  • Name: Brroongo-Nidas
    Date posted: 4/9/2010 11:35:19 AM
    Hometown: Karachi

    Comment:

    Dear All, I am from Pakistan and its my pleasure to share my expression how immensely i was happy to know the New Delhi high court's decision on legalizing the same sex marriages, and i am much more eager to share my views to India's supreme court's decision to legalized the same marriages. i would say they should go ahead and take this initiative and become the pioneers to remove the discriminatory factors on the basis of sex in Asia, India is the worlds first most democratic country in the whole world, its economy is boosting day by day, the people and the culture of India has already received an applauding introduction in all around the world through its multi dimensional media. in my views if India allows the gay marriages it will further its growth in terms of foreign tourism as a it has got a lot to share with rest of the world, Taj Mahal is an example, i think India can grow better and can prosper much more by becoming 1st Asian Country to allow same sex marriages.

  • Name: John in SF
    Date posted: 4/9/2010 9:51:32 AM
    Hometown: San Francisco

    Comment:

    Davya-Your comments make no sense at all. Crimes are based on laws that prescribe exactly what is being broken. It is not defined by who is the guilty one. So, a pedophile is someone that has sex with a minor, as defined by the age of consent in the country. Sometimes this is different in various countries, for gay and straight sex. India can go after people that break that law, of course that will be very interesting for some Muslims that marry young girls, for example.

  • Name: Anna
    Date posted: 4/8/2010 10:40:49 PM
    Hometown: Bermuda

    Comment:

    I'm from Bermuda where consensual gay sex was made legal not too long ago BUT the lawmakers stopped short of making discrimination on the grounds of sexuality illegal. Therefore, while you can't discriminate on the basis of race, gender, religion, etc. you can discriminate against homosexuals. This is because the church leaders (Christians make up a huge block of the voting pop. here) said it would force them to perform same-sex marriages! That's such a cop-out because same-sex marriage isn't even legal here. When the politician who got this bill passed died suddenly of a heart attack I watched Christians I work with crow that it was God's punishment-UNBELIEVABLE! They are so filled with hate yet claim to love God. The politicans here lie, cheat, commit adultery yet won't defend human rights for all-UNBELIEVABLE! I'll bet the same thing goes on over there in India, too. I'm not gay but I just hate hypocrisy! What is wrong with people? Mind your own business!!!

  • Name: Davya
    Date posted: 4/8/2010 9:15:23 PM
    Hometown: Wynnewood, PA

    Comment:

    In order to persecute pedofiles, the Indian gov't needs to persecute homosexuals- even though the majority of pedofiles harm children of the opposite sex. And this in the country with the 3rd largest child trafficking network of young girls. A textbook case of a government with pathetic excus- ahem, excuse me, "law".



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