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HC verdict makes India 127th country legalising gay sex

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Agencies

Posted: Jul 02, 2009 at 1754 hrs IST

New Delhi With Delhi High Court legalising gay sex, India became the 127th country in the world to decriminalise homosexuality while 80 nations still consider it as an offence.

The process of legal sanction to homosexual acts began in 1989 when Denmark became the first country to grant a status on a par with married couples to same sex partners which was soon followed by other European countries.

Seven years thereafter, Norway, Sweden and Iceland enacted similar legislation in 1996 and Finland followed suit six years later.

Netherlands became the first nation to give full civil marriage rights to gay couples in 2001.

Belgium allowed gay marriages in 2003. Spain too legalised full marriages for gay couples in June 2005. In July 2005, Canada legalised same-sex marriage.

New Zealand in 2004 recognised civil union between gay couples as valid and same sex union was recognised in 2005 in South Africa.

The first gay civil union in Argentina took place in 2003, thus making it the first country in Latin America to allow such unions.

In December 2007, neighbouring Nepal's Supreme Court had ordered the government to scrap laws that discriminate against homosexuals.

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Legalising Gays by John on 03 Jul 2009

This does not bother me, as long as the court does not make it compulsory.

Homo sexuality by Vaid S C K on 03 Jul 2009

What is most important in this H.C judgement is that Hon' Judges slapped government for making this law which infringes on fundamental right granted under the constitution. Wish courts find more such laws and expose the law ministry. There are many irritating practices in almost every religion. So, let the religious pundits educate their followers and arouse awareness. Once, people follow the right path, no one shall speak in favour of homo sexuality.

This is not at all acceptable. by Preethy on 03 Jul 2009

There are lot of my friends who were sexually harressed by these so called gays. They have personality disorders because of their wierd experiences. These people have multiple partners and tend to increase their group by harressing poor young boys. Indian government was so far boasting about its culture, many feel that the goverment or India should never...never do that again. Now, that they have legalised gay relationships Indian society and its morality is ruined. Where can one go if their boys are sexually abused by the wierd deviated gays! Why can't people understand that gays and lesbians are deviants. They have some mental disorders which can be cured. I personally have seen lot of gays transformed into normal healthy people. Indian high court has taken a very wrong step.

losers by james on 03 Jul 2009

such a bunch of closed minded losers, you guys arethere is no such thing as new in this case, everything new and rational is oppposed by closed minded people , every new change is opposed, but such changes actually shape the society and push humans into more of a developmental phase, knowingly or unknowingly, love is love, love isnt a sin, if love is a sin ,why do people love?prejudice is what you closed minded losers are built up with, if you guys had an open mind, india would probably be a developed nation, it is because of people like you who avoid change and bond themselves to restrictions, india is an underdeveloped nation, but such changes are actually helping it become a developing nation ,where it will walk hand in hand with other nations ,accepting humanity in all forms, if you say being homophobic is good, then being a racist is good, which is actually wrong , humans are humans , they gotta be accepted as they are , for who they r,stop discrimination , accept humanity!

Homophobic posters should be ashamed by md on 03 Jul 2009

I was overcome with joy when I heard about this ruling. The homophobic posters on this topic should be ashamed of themselves for holding such disrespectful views. Having a set way of defining 'family' has caused centuries of isolation and hopelessness to gays the world over. Anyone who thinks that being gay is a 'modern' phenomenon knows nothing of history.What this ruling shows is that the courts in India are willing to set aside personal and cultural prejudice, taking a stand for justice. Some complain that homosexuality 'erodes the family', but in protecting the rights of ALL people to love freely, the courts are ALSO upholding the traditional family. But they do this in an unbiased and nonjudgemental way.This is the next step of human evolution - to set aside personal values and make decisions objectively for the good of all (not just an elect few).The gay community all over the world rejoices for India's victory for justice and equality today! :)

A shameful Judgement by Dr Tarashankar Rudra on 03 Jul 2009

Dear Sir/Madam, It is a pity that Courts have started playing a role along with some corrupt politicians to TARNISH the SOCIETY. IT IS A SHAME TO LEGALIZE LEWD CONDUCT.

rightful decision by richard on 03 Jul 2009

Today, most leaders wanting power are making religion as their strong cause to seek support. Their strategy to make state to toe their lines should be resisted by individuals at any cost.

Gays by sharma on 03 Jul 2009

It is a shame on the courts to give such ruling making the worst judgement of the decades. The courts are only to see that the rules in the constitution are followed But not to make their own rules. The constitution and the parliament which represents the people is supreme. Parliament should condemn this adventurous judgements by judiciary. some of these people want to become popular by giving controversia judgements. every one in right mind should condemn and protest such judgements. They should know how much damage they do for the society by such foolish judgements.

shame by richard on 03 Jul 2009

The question is whether such a union is criminal or not. If does not involve any offense against the state, why simply prosecute and make the defendant a state guest?

Legal homosexuality by Keshav Agnihotri on 03 Jul 2009

There is nothing to celebrate as remarkable or to be ecstatic. Law is still in the making and even under review where it exists in rest of the world. Such issues of nationwide preference/morality would be better decided in a national referendum. No copycat actions are deemed admirable anywhere and Nature's law also needs respect even though it does not enforce it in our conventional way. By the way, is HIV mother Natures's warning to mankind?

A step fraught with Dangers by abhi on 02 Jul 2009

Its a dangerous trend that threatens the very basis of the society. Copying everything that is west is not a sane idea. Frankly Indian society is not prepared for this kind of stuff. A country where law is more abused than used, legitimizing gay relationship is fraught with dangers. One shudders to think about gays openly embracing in public including young impressionable children. Those who talk about freedom must realize that freedom comes with responsibility. Do these guys just think about their own sexual preferences, to hell with the society?

nonglang by anselm on 02 Jul 2009

i apppreciate the court for its stand on equality but i have compassion on the gays for their unnatural behaveour i don't condemn them, i petty them.

Guarded freedom, by Aali shan on 02 Jul 2009

Societies are ruled by tradition and culture and homosexuality is against this all. It will stop the human development and progress, the purpose of life will be lost. Freedom should be governed by rules. A beautiful garden has beauty because of its walls; if it is left open it will become heap of garbage.

Welcome development.. but a word of caution....... by Jay on 02 Jul 2009

It’s a welcome development, long overdue. I am a bit worried how our law makers will behave after this judgment. Almost all religious fundamentalists from Hindu, Muslim, Christians and many others will oppose legalization of homosexuality. I hope our policy makers will not succumb to the pressure from religious bigots and change the law, as they did for caste based reservation under pressure from caste based political parties. We need to remember that courts only implement the law; and the law are created by our politicians.

Section 377 by Mohan Sharma on 02 Jul 2009

I feel pity on those who are praising this verdict. Would they allow such happenings and associations in their own family? If they have even slightest hesitation, they should rethink about this.secondly, our country is full of social, communal anamolies where law should interfere and be enforced in true sense. This is an unnecessary interference in natural system. Even if any such rare case do come in notice, our society must be developed and open to reform such deformities rather than allow this openly or hide it condeminigly.I think there is nothing to appreciate about this verdict. We must refrain copying west for this so called modernism where family values are eroding and family break up is order of the day. A directionless generation has developed which has resulted in mental and economical stress. We in India must feel lucky where still majority people are out of stress or mental strain, particularly village and small towns. City life is becoming 'hell' day by day.

unnecessary by kc on 02 Jul 2009

there was no need for a court to act upon 377. It should have been taken down years ago if our leaders were working to serve people. There is no discrimination against any person considered gay in India. And for all people out there considering this a progressive decision, wake up. We never were backlogged on civil rights, straight or gay and therefore there is no need to hail this as some kind of a US courts' civil rights decisions.

Its good by John on 02 Jul 2009

Even though personally I do not like the idea of homosexuality, it is inevitable to have equality amongst everybody irrespective of any religion or gender or sexual orientation. I am happy that our legal system becomes more scientific.

finally ... by vishal on 02 Jul 2009

Great job high court. This judgement is the right step towards creating a progressive modern India. I am just worried now about the usual self proclaimed guardians of public morality like VHP and RSS and the muslim organization taking up a stance against this judgement.

The First turning point. by Mahalakshmi on 02 Jul 2009

This is a turning point for India. Its the first step taken into becoming an Open- Minded country. So what if some people are different and have different attractions? They are after all human beings just like all others. They have emotions too. They should be respected and not discriminated. I believe that this verdict is a great step to opening our minds and country to the entire world. We are becoming more broad minded. This is definitely for the good. Many developments and other further improvements are bound to start off with this kind of open minded decisions. I'm so proud and wish all the people who had a hard time not being allowed to be who they really are. I'm proud of all of you. Its your time to really live your life now. Live it up friends.

Wonderful by Laks on 02 Jul 2009

Finally. Congrats India. Its a landmark ruling. To all those people who is opposing this: What grown up adults do in their bedroom with consent is none of your business! If you think it is against religion, there is nothing about condemning homosexuality in the bible (yes, nothing) or in the hindu texts. So, just be a good citizen and rejoice in the fact that all Indian citizens are getting equal rights.

Idiotic by jks on 02 Jul 2009

Its so pathetic on the part of media that everyone from their community wants to go extra miles to show they are so much advanced by letting people know how much they support gays.

the final verdict by deepti on 02 Jul 2009

finally the moment has come when India too has taken a step in the right direction to acknowledge the slightly different world of some normal people,so what if they have different preferences.Atleast they are honest about them and are not leading dual lives,and those who were troubled because of various compulsions ,this decision ic the best thing to happen.it will give them a sense of respect and they won't be made to feel queer.lets be hopeful that its a beginning.this decision needs to be applauded.

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