The Delhi High Court decriminalizes homosexuality

A landmark ruling and historic day. Homosexuality is no longer criminal in India. The July 2-3 dispatch of South Asia Citizens Wire has a number of articles on the matter.

The Catholic Church in India, the Islamic seminary Deoband, Marthoma Syrian Church of Malabar, the Vishwa Hindu Parishad, and media-hungry sleazebag, Amar Singh have all reacted in a predictably unfortunate manner, judging from the mean-spirited nature of their remarks.

For some inexplicable reason, the West and America are being blamed for the judgment.

This is Indian Catholic church spokesperson, Paul Thelaket's response: "Legalising gay sex will open up the society to some sort of sexual anarchy. Perhaps Indian culture is being eroded by the western promiscuous culture." (The Wall Street Journal also notes, "A grouping of Indian Catholic bishops said the church doesn't oppose the decision but doesn't support extending marriage rights for gay or lesbian Indians.")


This is the response of Kamal Farooqui, Member, All India Muslim Personal Law Board, "This judgement is just to please our western and american friends."

Especially surprising is the homophobic reaction of religious minorities. They appear not to see the contradiction in their insistence that religious minorities should have special rights in India but not sexual minorities. Imagine if LGBT communities were to petition the Indian courts asking them to take away the rights of religious minorities.

Here is a brief excerpt from Shohini Ghosh's piece in the HIndustan Times, which notes that the legislation was drafted by Macaulay.

END TO UNNATURAL EXCLUSION

by Shohini Ghosh

Hindustan Times
New Delhi, July 02, 2009

In a historic judgement, a two-judge bench comprising Chief Justice A P Shah and Justice Murlidharan has decriminalised non-heterosexual sex between consenting adults. In an eloquently argued judgement of 150 pages, the bench has struck down Section 377 of the Indian Penal Code (IPC), a colonial legislation drafted by Lord Macaulay in 1860, that criminalised “carnal intercourse against the order of nature” punishable by imprisonment extending up to ten years. India was one of the few countries left in the world that criminalised and discriminated on the basis of sexual orientation. By overturning Section 377, the Delhi High Court has foregrounded the importance of sexual rights, lent dignity to people of different sexualities and upheld the Constitutional values of democracy and equality.

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Here is the ruling itself.

Gay sex among adults ’not criminal’ in India - Full Text of Delhi High Court Ruling of 2 July 2009