The Delhi High Court in a Judgment delivered today i.e 02.07.2009 gave a new meaning to section 377 I.P.C and held consensus sex among the sex partners is not crime. A Major Victory for gay right activists and credit goes to Delhi High Court holding that consensual gay sex is not a crime, signalling an historic breakthrough for homosexual community and as well as Anti-HIV/Aids Campaigners. Introduced by Lord Macaulay in 1860, homosexual intercourse is ranked alongside paedophilia and bestiality as “sex against nature” and imprisonment upto 10 years.India is one of the few democracies to still have such a law.
But the Delhi High Court ruled today that applying Section 377 of the Indian Penal Code - to consenting adults violated the Constitution and International human rights
“Consensual sex amongst adults is legal which includes even gay sex and sex among the same sexes,” a two-judge bench said after considering a petition against the law for more than eight years.
The ruling is non-binding outside Delhi, and can be appealed at the Supreme Court, but is being hailed nonetheless as a landmark in an increasingly vocal campaign to have Section 377 repealed.
Naz filed petition in 2001, after police in the northern city of Lucknow ,raided its offices and detained some of its staff for suspicion of running a “gay sex racket”.
Section 377, though seldom used to prosecute people in the past 20 years, police, and others often used to harass, intimidate and blackmail gay men and women.
It also said that the law contributed to the spread of HIV/Aids by forcing homosexual activity underground and making it difficult for infected gay men and women to seek treatment.
National Aids Control Association of India, which is part of the Ministry of Health supports its cause,however it was opposed by the Home Ministry in the previous Government, which argued that changing the law would open the floodgates of delinquent behaviour.
Public opinion and the current societal context in India does not favour the deletion of the said offence from the statute book, it said in a response to the petition in 2005.
Other opponents argued that the law was the only one that could be applied in cases of homosexual child abuse or male rape.
Naz and other activists had hoped that the new Government, which took power in May, might support repealing the law.
P. Chidambaram, Home Minister, was reported at the weekend to have proposed a meeting with the two other ministers whose consent was required - those of Law and Health.
Veerappa Moily, the Law Minister, had already said that he favoured a review’ of the law, and the Health Ministry under Ghulam Nabi Azad, had been calling for its repeal for years.
Mr Moily and Mr Azad appear to have changed their positions and are calling instead for a public debate to establish a consensus on the issue.
Human Rights Watch groups urged the Government not to Appeal the Delhi High Court’s ruling and requested Indian Parliament ,to rewrite Section 377 . This long-awaited decision testifies to the reach of democracy and rights in India.
But the Delhi High Court ruled today that applying Section 377 of the Indian Penal Code - to consenting adults violated the Constitution and International human rights
“Consensual sex amongst adults is legal which includes even gay sex and sex among the same sexes,” a two-judge bench said after considering a petition against the law for more than eight years.
The ruling is non-binding outside Delhi, and can be appealed at the Supreme Court, but is being hailed nonetheless as a landmark in an increasingly vocal campaign to have Section 377 repealed.
Naz filed petition in 2001, after police in the northern city of Lucknow ,raided its offices and detained some of its staff for suspicion of running a “gay sex racket”.
Section 377, though seldom used to prosecute people in the past 20 years, police, and others often used to harass, intimidate and blackmail gay men and women.
It also said that the law contributed to the spread of HIV/Aids by forcing homosexual activity underground and making it difficult for infected gay men and women to seek treatment.
National Aids Control Association of India, which is part of the Ministry of Health supports its cause,however it was opposed by the Home Ministry in the previous Government, which argued that changing the law would open the floodgates of delinquent behaviour.
Public opinion and the current societal context in India does not favour the deletion of the said offence from the statute book, it said in a response to the petition in 2005.
Other opponents argued that the law was the only one that could be applied in cases of homosexual child abuse or male rape.
Naz and other activists had hoped that the new Government, which took power in May, might support repealing the law.
P. Chidambaram, Home Minister, was reported at the weekend to have proposed a meeting with the two other ministers whose consent was required - those of Law and Health.
Veerappa Moily, the Law Minister, had already said that he favoured a review’ of the law, and the Health Ministry under Ghulam Nabi Azad, had been calling for its repeal for years.
Mr Moily and Mr Azad appear to have changed their positions and are calling instead for a public debate to establish a consensus on the issue.
Human Rights Watch groups urged the Government not to Appeal the Delhi High Court’s ruling and requested Indian Parliament ,to rewrite Section 377 . This long-awaited decision testifies to the reach of democracy and rights in India.
Posts
No comments:
Post a Comment