November 22nd, 2009
 

365 Gay: News

India Supreme Court steps into gay sex law dispute


(New Delhi) India’s Supreme Court agreed Thursday to hear a petition from a Hindu astrologer who is seeking to annul a recent landmark ruling that decriminalized gay sex.

In his petition, Sushil Kumar Kaushal said “even animals don’t indulge in such activities,” adding that allowing gay sex would help spread HIV/AIDS.

The latest development indicated that despite a recent Delhi High Court ruling, gays in India still face a long battle to gain acceptance – social and legal – in this deeply conservative country where even heterosexual sex is talked about in hushed tones.

“If such abnormality is permitted, then tomorrow people might seek permission for having sex with animals,” Kaushal said.

Gays in India are shackled by a law known as Section 377 of the Indian Penal Code, which makes sex between people of the same gender punishable by up to 10 years in prison. The British colonial era law classifies gay sex as “against the order of nature.”

Gays achieved a small victory when the Delhi High Court struck down the law on July 2.

While there was no major outcry against the ruling, some conservative religious groups made it clear they would fight it. Among those was Kaushal, a Hindu astrologer, who filed the first petition with the Supreme Court. Leaders of religious groups are also contemplating filing petitions.

The Supreme Court said it will hear Kaushal’s petition on July 20 to decide whether it has merit, said Anand Grover, the lawyer for Naz Foundation, a gay rights group that filed the original petition against Section 377 eight years ago.

The Supreme Court also asked the Indian government and the Naz Foundation to appear before it to hear their views.

After listening to all parties, the court will decide whether to temporarily suspend the Delhi High Court order while Kaushal’s petition is heard. The Supreme Court ruling will be binding nationally.

While actual criminal prosecutions are rare, the law frequently has been used to harass people.

Muslim and Christian groups have also criticized the ruling with some equating homosexuality with Western culture. But rights activists say the law sanctions discrimination and marginalizes the gay community. Health experts say the law discourages safe sex and has been a hurdle in fighting HIV and AIDS. Roughly 2.5 million Indians have HIV.

The U.N. agency UNAIDS has welcomed the court ruling and said it would make it easier to reach homosexual men with programs to combat the spread of HIV.

Homosexuality is slowly gaining acceptance in some parts of India, especially in its big cities. Many bars have gay nights, and some high-profile Bollywood films have dealt with gay issues. The last two years have also seen large gay pride parades in New Delhi and other big cities such as Mumbai and Calcutta.

Still, being gay remains deeply taboo in most of the country, and many homosexuals hide their sexual orientation from friends and families.


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  • RICK Said: July 10th, 2009 at 1:20 pm
    • WE HAD HEAR THAT THIS GUY CAN “CURE” US WITH YOGA. WELL,,, MY PARTNER AND I TRIED YOGA AND IT DIDNT “CURE” US,,, BUT IT SURE GAVE US A WHOLE BUNCH OF NEW “POSITIONS ” TO TRY -WHEW !!

  • Religion Said: July 10th, 2009 at 2:08 am
    • I’ve said it before and I’ll say it again: Religion poisons everything.

  • LOrion Said: July 10th, 2009 at 1:35 am
    • WRONG WRONG, all known animal species also have homsexual couples.

  • Ryan Said: July 10th, 2009 at 12:58 am
    • With a little luck India’s Supreme court won’t fall for these moronic arguments and this petition will fail leading to more rights for everyone in India.

      Speaking of petitions, all registered voters in CA should visit http://www.yesonequality.com/initiative and sign a petition to restore marriage equality to CA. 700,000 signatures are needed by mid-August.

  • Harold Stidolph Said: July 9th, 2009 at 11:49 pm
    • There is homosexual activity amongst animals. It has been there all along except people “in the field” just exercised a “gentlemen’s agreement” not to report it. Read Bagemihl’s Exuberent Biology.

  • john sharp Said: July 9th, 2009 at 11:18 pm
    • he is wrong
      Animals are gay too
      who can bielieve such fairy tales
      Astronomers story telling are lies
      same as are religions and gods
      Gays are real

  • SteveMD2 Said: July 9th, 2009 at 10:26 pm
    • An astologer complaining – a man whose profession is a total ignorance and superstition

  • Tom Said: July 9th, 2009 at 10:20 pm
    • India…if you’re listening….LGBT’s have money and love to travel! We’d be good for your economy! And we have very long memories.

  • Ramón Said: July 9th, 2009 at 9:31 pm
    • Ms Cleo here – another famous astrologer – and she tinkin’ dat Sushil Kumar Kaushal Falwell is daft!

  • JERRY@SARASOTA Said: July 9th, 2009 at 8:32 pm
    • The man is an Astrologer…instant credibility there…lol…and aren’t we all just sick of “these bestiality” arguments from convoluted “Swamis”.

  • Michael DuRocher Said: July 9th, 2009 at 7:07 pm
    • It makes me said that a Hindu (who really should know better) and an astrologer (who should be better educated) is the one bringing this challenge.

  • MNBear Said: July 9th, 2009 at 6:56 pm
    • I’m not familiar with the procedural innards of the Indian legal system, nor with the substantive laws and principles that would be put to use in framing an argument. However, I have to speculate that the legal relevance of paranoid bestiality predictions has to be next to none. And yet they’re granting this petition.

      If you’ll forgive the bad shyster pun… it appears the Indian Supreme Court hands out cert like it’s a breath mint. :-D

  • Chris Sullivan Said: July 9th, 2009 at 6:10 pm
    • Ted – If true, that is a profoundly embarassing statement about India.

  • Ted Said: July 9th, 2009 at 5:59 pm
    • From my personal experience Astrology is really, really big in India; human rights aren’t.

 
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