Monday, July 6, 2009

Good Riddance to 377!!

It is heartwarming the have learnt that Section 377 of the Indian penal code has been toned down to remove any form of consensual sex among adults. The section was read down to decriminalize same-sex behavior among consenting adults in a historic judgement by the High Court of Delhi on 2 July 2009.

The movement to repeal Section 377 has been led by the Naz Foundation India Trust, an activist group, which filed a public interest litigation in the Delhi High Court in 2001, seeking legalisation of homosexual intercourse between consenting adults.
In a historic judgement, on 2 Jul 2009, Delhi High Court overturned the 150 year old section,[11] legalising consensual homosexual activities between adults. The essence of the section goes against the fundamental right of human citizens, stated the high court while striking it down. In a 105-page judgement, a bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.
The two judge bench went on to hold that:

If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of 'inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. Those perceived by the majority as “deviants' or 'different' are not on that score excluded or ostracised.
Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination. This was the 'spirit behind the Resolution' of which Nehru spoke so passionately. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.

Any kind of discrimination is antithesis of right to equality, said the court, while allowing plea of gay rights activists for decriminalization of homosexuality.
The court stated that the judgement would hold until Parliament chose to amend the law. However, the judgement keeps intact the provisions of Section 377 insofar as it applies to non-consensual non-vaginal intercourse and intercourse with minors.

Copy of the judgement: http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf

In the news:
http://www.youtube.com/watch?v=QvfS9FHGJiE
http://www.youtube.com/watch?v=0SC9Wedf3KY&NR=1

News reports of the repeal of 377:

http://timesofindia.indiatimes.com/India/India-127th-country-to-legalize-gay-sex/articleshow/4729503.cms

http://www.nytimes.%20com/2009/%2007/03/world/%20asia/03india.%20html

http://news.%20bbc.co.uk/%202/hi/south_%20asia/8129836.%20stm

http://sify.%20com/news/%20fullstory.%20php?a=jhckSJfhed

http://www.cnn.%20com/2009/%20WORLD/asiapcf/%2007/02/india.%20sex.ruling/%20index.html

http://timesofindia%20.indiatimes.%20com/Delhi-%20High-Court-%20legalizes-%20homosexuality/%20articleshow/%204726608.cms

http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/world/04-indian-court-rules-homosexuality-legal-qs-06

http://timesofindia%20.indiatimes.%20com/India/%20Will-Delhi-%20HC-gay-order-%20apply-across-%20India/articlesho%20w/4731089.%20cms