[Guest Author : Saakshi O. Juneja]
Those perceived by the majority as “deviants’ or ‘different’ are not excluded or ostracised from inclusiveness of the Constitution: Delhi HC [Tweet Notes from Gay_India]
Freaking unbelievable. Absolutely speechless. Who would have thought we had logical thinking, mature individuals in charge of our judiciary system. So finally after 7 years of court battle, Delhi High Court legalised gay sex among consenting adult.
“We declare that Section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution,” a bench comprising Chief Justice A P Shah and Justice S Murlidhar said. [Link : Rediff.com]
However IPC 377 will still hold for cases involving children and non-consensual sex. All good me thinks though it would naive of us to think that our esteemed self-appointed moral brigade will not try to make most of this opportunity. Thankfully though this time round, the law is on the right side. So these douchebags can very well shove their fingers up their stinky arse.
*For detailed information on the HC ruling, visit Desicritics.
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Cheers to the new cabinet!! Way to go…I’m totally psyched!
I’m no legal expert. But isnt the jurisdiction of the Delhi High Court restricted? It sets a wonderful precedent most definitely. But isnt there a bit more to go in the fight? If I’m correct gay sex is legal in Delhi, not quite in India…will be great if someone manages to throw some light on this..
If anyone’s watching on TV all the debates on this issue – brings to light all the scary ideas and prejudices that people have around this issue.
For example- being ‘gay’ seems to have been made glamorous now (due to the publicity it is receiving and plus with Celina Jaitley supporting it) , and there’s a possibility that teenagers may be lured into it by the glamour quotient!!
In fact one Muslim leader has hinted that appeal to the Supreme court is still open.
But the channel hosts at least seem to be more aware and clued in – and in favour of this.
I just hope that this is here to stay.
Insanely awesome bordering on unbelievably good news. Fingers crossed. The Catholic church, VHP and Muslim clerics don’t seem too happy. But public awareness and the media’s involvement should prevent any overruling of the judgement.
@gooddaysunshine: Generally, the judgement of a HC is binding in absence of a SC judgement on the same topic or the judgement of another HC. A SC judgement is law while in the presence of conflicting lower court judgement, it would depend on the merits of the individual case. The judgement of the Delhi HC stands good for the entire country, unless and until the matter is raised before a different HC, wherein it is of immense pursuasive value. Currently being the only case on the issue, it stands.
Also the judgement stands, until the legislature amends the law. Also, the matter was referred back to the Delhi HC by the SC which disapproved of the HC’s dealing of the case on grounds that the petitioner was not an affected party & such matters on ‘academic grounds’ cannot be entertained. An appeal must lie to the SC, and the result of such judgement shall be binding on all courts in the country.
thanks jane doe for the clarifications
Thanks Jane Doe…I’m going to cross post this on my blog, I hope that’s ok.
Happy to help.
I think you underestimate our Judiciary – I was not at all surprised by the Delhi HC’s verdict and it’s spot on.
Now it’s been challenged in the Supreme Court by some whacko astrologer and I have no doubt that the outcome would be the same. Gay sex is legal in India, and you can’t turn the clock back