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India’s Supreme Court affirms decriminalization of homosexuality

Timothy Kincaid

February 16th, 2012

UPDATE: strike all below. They have not made a decision, this was just the direction of their questions.

There has been, for some years, increased tolerance and acceptance of sexual minorities in India. The largest break-through was in 2009 when the New Delhi High Court found that sodomy laws were unconstitutional and the government chose to apply that ruling to the nation as a whole.

In response some religious and other organizations and individuals petitioned the Supreme Court to overturn the ruling. Today the court confirmed the decision of the New Delhi High Court and officially ended the nation’s ban on homosexuality.

The justices took an interesting approach, pondering the meaning of Section 377 of the Indian penal Code which prohibits “carnal intercourse against the order of nature”. In an age of invitro fertilization and surrogacy, they decided that banning same-sex expression as being against the order of nature made little sense. And referring to sculptures of Khajuraho, they determined that gay sex was not originally an offense to Indians, but that the laws prohibiting it were colonial imports from Britain.

Comments

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Shri
February 16th, 2012 | LINK

The court is still hearing the case. It hasn’t given a verdict yet.

Timothy Kincaid
February 16th, 2012 | LINK

Shri,

Thank you. I thought that news reports indicated that they had upheld the New Delhi court decision.

Gregory Peterson
February 16th, 2012 | LINK

Gay and Lesbian Vaishnava Association
http://galva108.org/index.html

http://en.wikipedia.org/wiki/Hinduism_and_sexual_orientation

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