IN A major relief to the gay and homosexual community, the Delhi High Court on Thursday (July2), said that consensual sex between two adults is legal and cannot be punished.The ruling came out just a few days after the second ever gay pride parade was held in New Delhi on Sunday. Congratulations!
The verdict of the Delhi High court also decriminalised homosexuality by striking down Section 377 of the Indian Penal Code (IPC). The court, however, made it clear that Section 377 was applicable in cases of Sodomy.
A bench of chief justice Ajit Prakash Shah and Justice S Muralidhar, said that Section 377 of IPC needed amendment as otherwise it would violate Article 21 of the Indian constitution.
Section 377 states that homosexuality and 'unnatural sex' is a criminal act.
The decision of the Delhi High Court will now make it easier for the Union government to come out clear on Section 377. The government had given hints that it was not opposed to amending the law but had to take into account religious sentiments of different sections of the society.
Thursday, July 02, 2009
Tens of millions of gay men in India are no longer presumed to be criminals.