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Times of India: Delhi Court Ruling Legalizing Homosexuality Binding Nationwide

Jim Burroway

July 3rd, 2009

The Times of India answers the question of whether the Delhi High Court ruling which “read down” Section 377 of the India Penal Code is binding nationwide:

Since a high court has a limited territorial jurisdiction, is homosexuality decriminalized only in Delhi or the whole country? Although legal pundits are divided on this, the law laid down by a 2004 SC judgment implies that homosexuals across the country may rest assured that they too are entitled to the benefits of the historic Delhi high court decision on Section 377 IPC.

In Kusum Ingots vs Union of India, a three-judge bench of the Supreme Court had ruled: “An order passed on writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, will have effect throughout the territory of India subject of course to the applicability of the Act.”

Thursday’s Delhi High Court ruling touches on the constitutionality of an Act of Parliament in effect throughout the country like the one stuck down in Kusum Ingots vs Union of India, The Times concludes that this ruling is also binding nationwide. This makes the impact of this ruling staggering. With a population of over one billion people, seventeen percent of the world’s gays and lesbians have now been legalized in one fell swoop.

The case is expected to be appealed to India’s Supreme Court. Also according to The Times of India, the India government now appears unlikely to challenge the ruling to the Supreme Court.

[Hat tip: Rex Wockner]

Comments

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KipEsquire
July 4th, 2009 | LINK

“Although legal pundits are divided on this, the law laid down by a 2004 SC judgment implies that homosexuals across the country may rest assured that they too are entitled to the benefits of the historic Delhi high court decision on Section 377 IPC.”

divided … implies … may

Sorry, but those of us who got this story right and called out those of them who got this story wrong were, um, right, and those of them who got this story wrong were, um, wrong.

It’s the DOMA brief all over again: people on both sides, with agendas (including trying to cover up their own sloppy reporting and blogging), negligently confusing — or intentionally obfuscating — the difference between law and policy.

Timothy Kincaid
July 6th, 2009 | LINK

KipEsquire

I have no idea what you are talking about. Who called out whom about what?

Mark Zamen
July 9th, 2009 | LINK

This court ruling is assuredly a step in the right direction, though obviously opposition remains and an appeal may very well yet occur. Whether it does or not, intolerance of homosexuality remains virulent both in the U.S and abroad. That is the salient point of my recently released biographical novel, Broken Saint. It is based on my forty-year friendship with a gay man, and chronicles his internal and external struggles as he battles for acceptance (of himself and by others). More information on the book is available at http://www.eloquentbooks.com/BrokenSaint.html.

Mark Zamen, author

Mombian » Blog Archive » Weekly Political Roundup
July 10th, 2009 | LINK

[...] Times of India said the Delhi High Court ruling that struck down the criminalization of homosexuality is binding [...]

Police in India Raid Gay Party & Detain 133 For ‘Indecent Behavior’ | Back2Stonewall
September 19th, 2011 | LINK

[...] would seem that the police in Bombay/Mumbai did not get the memo that back in 2009 the Delhi High Court decriminalized homosexual intercourse between consenting adults, throughout India. It would seem that the bigotry [...]

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