Top Indian court upholds law making gay sex crime

Well, this isn't what I would call anything like a good headline, at least to those of us in nations that see this very differently as a matter of rights and basic freedoms. I'm surprised at the location, but then a recent number in a story indicated over 70 nations still have laws like this, with a good many being enforced.

A colonial-era law criminalizing homosexuality will remain in effect in India, a top court said Wednesday, dealing a blow to gay activists who have argued for years for the chance to live openly in India's deeply conservative society.

The Supreme Court threw out a 2009 New Delhi High Court decision that struck down the law as unconstitutional, saying it was for lawmakers — and not the courts — to decide the matter.

How are lawmakers leaning on this in India? Hopefully some logic is seen from there?

The 2009 high court ruling had outraged conservative religious groups, who argued in an appeal that gay sex was unnatural and India should maintain the law, dating back to the 1860s when Britain ruled over South Asia.

The law states that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal" can be punished by up to 10 years in prison.

Source

That's quite a law right there. It's one thing to have blue laws on the books, or laws that are outdated and simply not observed anymore. Websites out there are dedicated to lists of the more silly ones in the US and other nations.

It's quite another to have a 19th century law, outright making a class of people illegal, upheld by a modern day national court. Here is hoping the Indian Government can find a way to solve in legislation what their Courts couldn't.

Aren't there better things to do with our lives than prosecute homosexuals.
They aren't hurting anyway, they both want to do it!

Why should people out there waste their time and energy to stop them from doing what they want, especially when it's something that isn't hurting anyone or anything?

There is nothing righteous in that either, nothing good and positive will come out of this waste of energy. Life in 2013 as more pressing issues than "fighting" homosexuality.

The 2009 high court ruling had outraged conservative religious groups, who argued in an appeal that gay sex was unnatural and India should maintain the law, dating back to the 1860s when Britain ruled over South Asia.

The law states that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal" can be punished by up to 10 years in prison.

Source

Against the order of nature...I can name a few!

Deforestation, excessive pollution, over fishing, GMOS, BONZAIS TREES...

Homosexuality...well, no...sure it's not optimal for procreation but I can't say it's "against the order of nature". Maybe it is, we haven't clearly defined what is natural when it comes to humans anyway.

It dates back to the very beginning of human kind and it's rife in the animal kingdom too. Clearly just a political tool like many other laws. Since you can't regulate morality (you can try) it will just continue as a means to ruin someone who is an enemy to the ruling class. All the while they are probably doing it themselves…

I knew a Persian once that lived under the Ayatollah, he told me how a lot of boys would bed each other because of how important it was for their girlfriends to bleed on their wedding night. I don't know how true the claim is, but I found it funny, since the stance the nation had on "immoral" behaviour at the time.

Seems OK to me. It seems that despite the loud voice of a small minority India has decided to do what it deems best for its citizens and culture.

"The India Supreme Court has ruled in the interest of the health of its society rather than the interests of activist groups trying to use the court to do their bidding," said the group's chief counsel, Benjamin Bull.

Amod Kanth, head of the Prayas organization for children's welfare, one of India's largest civic groups, cheered Wednesday's ruling and said banning homosexuality is key to ensuring children's normal development and protecting their rights to family. "Only a man and a woman constitute a family and contribute for the holistic development of a child, which is not possible without a father and a mother," Kanth told the Press Trust of India news agency.

This is sovereignty and self determination at work on a national level. Not every one is a progressive nor should they be forced to be. The courts were smart in kicking it back to lawmakers in my opinion.

This does not mean I endorse dehumanizing homosexuals nor do I think the Indian law is doing the same. The Indians apparently do not view homosexuals as a separate class except in the instance of transgenders and instead sees it as a personal choice.

When did homosexuality become an actual class of citizen?

That's stretching it some don't you think?

Like saying everyone who drinks grape soda on a Tuesday is a class of the population.

Anyways, India can do what they want. Homosexuality is not natural its an abnormality of nature.

Sex was intended by nature for breeding purposes and to propagate the species, any deviation from that is not normal.

Doesn't mean it shouldn't be allowed if people want it but don't claim its a natural process. If it were than we'd be seeing a lot higher numbers of it extending beyond the roughly 4% population totals that most societies find.

reply to post by Wrabbit2000


Is this the same India where all the gang rape stories have been making headlines lately? You know the ones where the rapists seem to get away with it?

But yet their judiciary (I have no clue on India's legal make up) finds time to re-evaluate this law? And keep it a criminal offense? Maybe they will do the same bang up job prosecuting the homosexuals as they have the gang rapists.

theMediator
Aren't there better things to do with our lives than prosecute homosexuals.
They aren't hurting anyway, they both want to do it!

Why should people out there waste their time and energy to stop them from doing what they want, especially when it's something that isn't hurting anyone or anything?

There is nothing righteous in that either, nothing good and positive will come out of this waste of energy. Life in 2013 as more pressing issues than "fighting" homosexuality.

I rarely post in a thread but you know deny ignorance so for your information in delhi gang rape case out of 6 men 1 is dead (sucide) other 4 is convicted to death and one who is minor got only 3yr sentance because it is maximum conviction a minor can get in India

articles.timesofindia.indiatimes.com...


and for your information indian judiciory is slow but one of the best you have no idea how difficult it is to be judge in supreme court of india(only 31 at a time)

and for the matter of homosexuality most of the pepole dont even know about it and court only said that the law is right .


www.thehindu.com...