gay rights India reinstates gay sex ban

[Camy]

India's top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights.

The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts.

The court said it was up to parliament to legislate on the issue.

According to Section 377, a 153-year-old colonial-era law, a same-sex relationship is an "unnatural offence" and punishable by a 10-year jail term.

Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling.

Correspondents say although the law has rarely - if ever - been used to prosecute anyone for consensual sex, it has often been used by the police to harass homosexuals.

http://www.bbc.co.uk/news/world-asia-india-25329065

[JamesSavik]

Sounds like a judge got blown off.

[DesDownunder]

The India ruling is a disaster. Not only will it cause hardship, bullying, and worse, it will give the religious bigots hope that they can achieve a reversal of the law in the U.S., UK, etc.

Russia, and any of the other 77 countries, which still criminalise or minimise Gay people's human rights, will use this India ruling to justify their own laws. We need to do everything possible to get this ruling overturned by the full bench of India's Supreme Court, and as quickly as possible.

We must also be seen to condemn the ruling by openly supporting our gay brothers in India.

Not only will this give heart to India's LGBTQ people, it will serve notice to those anti-gay bigots in our own countries to cease and desist in any efforts to recriminalise us...and don't think they won't try.

[JamesSavik]

India has always been very, very conservative when it comes to its attitudes regarding homosexuality.

Add in the influence of Islam in the country and it is a minor miracle that it was decriminalized in the first place.

I doubt that we're looking at a domino effect in the West.

[DesDownunder]

You're probably right, James, about a domino effect, but it's wise to keep alert to the forces who oppose human rights.

[The Pecman]

I hope all American corporations that do business in India -- particularly those who have call centers for customer support -- will act immediately and move their operations to other countries that observe basic human rights.

This is outrageously stupid on the part of the Indian government.

[Graeme]

I hope all American corporations that do business in India -- particularly those who have call centers for customer support -- will act immediately and move their operations to other countries that observe basic human rights.

This is outrageously stupid on the part of the Indian government.

It wasn't the government, it was the Supreme Court. While it's a step backwards, don't blame the wrong people for that step Even there, just like in Australia with the decision yesterday, the court's job is to determine what the laws mean. It doesn't mean that they approve of the decision they're making -- they're just determining what the law/constitution means, not saying what they would like it to be.

[Graeme]

The Indian government vows 'swift action' to reverse this result:

http://www.canberratimes.com.au/world/indian-govt-vows-swift-action-to-reverse-gay-sex-ban-20131213-hv5ke.html

Now we wait to see if this actually happens.

[Nigel Gordon]

The Indian government vows 'swift action' to reverse this result:

http://www.canberratimes.com.au/world/indian-govt-vows-swift-action-to-reverse-gay-sex-ban-20131213-hv5ke.html

Now we wait to see if this actually happens.

It will probably happen but you need to remember that the Indian concept of 'swift' can be very different from the Western concept of 'swift', my lawyer started a 'fast track' copyright case in India over unauthorized publication of one of my books. We are still awaiting a hearing after fifteen years.