Will court ruling on gay sex change perceptions?

July 2, 2009

INDIAThe Delhi High Court’s ruling that homosexual sex among consenting adults is not a crime is expected to boost an increasingly vocal pro-gay lobby in India that says a British-era law banning gay sex is a violation of human rights.

The current law bans “sex against the order of nature”, and is widely interpreted to mean homosexual sex in India.

The High Court ruling applies to all of India, but can be appealed at the Supreme Court.

In a country where gay sex has been a taboo, will the court ruling have any bearing on how conservative Indians view homosexuality?

Comments

Amazing!!!!!! What next? Same-sex marriages and men wearing lipstick. Gay sex has alays been a taboo and continue to be so. Society won;t change its views because of some court judgement.

Posted by Nikunj | Report as abusive
 

I do not believe that gay sex between consenting adults, in the privacy of one’s bedroom, should in anyway be regarded as illegal. This is what freedom is all about, regardless of religious or social prejudice.

Posted by Lennan Matthews | Report as abusive
 

The views of a few black-robed men inside a court room will in no way change the perception of the majority of people. Gay sex is after all, even anatomically speaking, unnatural (whether done in privacy or in public).

Posted by goldfinger | Report as abusive
 

Good

Posted by Rakesh Pandey | Report as abusive
 

The role of the democratic state and its instruments is not to create or modify public opinion. Rather, it is to ensure that biases which prevent the fullest development of citizens do not creep into public policy.In the constitutional scheme of the Republic of India, it means that biases of a section of society, however large that section is, must not be made public law, if the enforcement of that law impedes upon the rights and the dignity of another section of society, however minuscule that section is.In that context, the question whether or not the Delhi High Court’s ruling changes public perceptions is misplaced.And that is what the judgment says:”Thus popular morality or public disapproval of certain acts is not a valid justification for restriction of the fundamental rights under Article 21.”Popular morality, as distinct from a constitutional morality derived from constitutional values, is based on shifting and subjecting notions of right and wrong.”If there is any type of ‘morality’ that can pass the test of compelling state interest, it must be ‘constitutional’ morality and not public morality.” (Para 79)The judgment is one of the most liberal readings of theconstitutional guarantees of life and equality. It expands the meaning of “sex” as not merely gender as defined by anatomy, but as gender which is socially constructed:”The purpose underlying the fundamental rightagainst sex discrimination is to prevent behaviour that treats people differently for reason of not being in conformity with generalization concerning ‘normal’ or ‘natural’ gender roles.”Discrimination on the basis of sexual orientation isitself grounded in stereotypical judgments and generalization about the conduct of either sex.” (Para 99)And, in one of its finest lines, the judgment says:”A Bill of Rights does not ‘confer’ fundamental human rights. It confirms their existence and accords them protection.” (Para 123)Solidarity !

Posted by Cheri | Report as abusive
 

^ Cheri wins.

Posted by Reddin | Report as abusive
 

LGBT (Lesbian, Gay, Bi-sexual and Transgender) are considered as taboo in this country. Many people ever knew that they do exist. Thanks to the judgment, as it has brought lot of awareness among the people about LGBT.LGBT’s are cornered by the heterosexual patriarchy and are considered as sinners as they are against order of nature. I believe that “LOVE SEES NO GENDER” and people should respect their feelings and accept them. I know that it will take a long time for people to change their views in accepting them and considering them as they are.I believe that everyone has got their own life and freedom in this country. This was really an over pending decision from Delhi High court. I truly believe that people are different and their preferences are! They have struggled hard for 8 years to get their rights. I want to wish each and every person who has contributed in this struggle. Let us all join hands in celebrating this event and respecting each other mutually!!! :-)

Posted by Kalyani | Report as abusive
 

Let people who question gays and lesbians concentrate on more serious issues like child trafficking, rape and other forms of sexual exploitation. I don’t understand why a big deal is made out of this and why on earth should any one of us decide on what is natural or unnatural or for that matter give out guidelines on how should you behave in your bedroom.Hail the HC decision and with time I personally think the taboo factor will simply become non existent.

Posted by sudeshna | Report as abusive
 

It is not about the conservative indians thinking, its about homosex (which is unnatural), here we are simple using/following the fulyd’s theory, which tells that if ur doing sin and join the people (who is doing sin) then the sin wont be remains as sin. I want to ask how any body decision will make Sin as a good thing. If 90% of people wants to make sins as good thing it wont become. this thing we stood understand. And we have to fight against these type of verdicts.

Posted by adbul azeem | Report as abusive
 

Most sexually caused immune deficiencies can be traced to unnatural sex- the human body is not designed to be homosexual like some other species ( hydra, paramoecium etc for eg)It is abnormal for people to have homosexual tendencies- they need to be counselled. Court ruling will not change this.

Posted by gs | Report as abusive
 

Homosexual relations are unnatural and should be banned just as relations with animals and pedophilia is illegal! There is no redeeming quality from sodomy! No procreation just the transmission of HIV, hepatitis B and C as well as herpes and a host of other diseases! The anatomy is damaged as a result of this deviant vice as well! Just say no!

Posted by Jack Blade | Report as abusive
 

Its unnatural for sure, no doubt about that and I am really sorry to say that people come up with lots of logics, justifications & rational without thinking for a moment that the act which is not even practticed by animals (i know none like this) is being promoted by our fellow humans in the name of freedom & rights………… Come on, we can\’t fight & challenge nature, its something which should be discouraged very loudly and clearly

Posted by Aamir | Report as abusive
 

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