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Court Decision Imminent in India


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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