This is an issue that was being debated since almost a decade and earlier Delhi high court had struck down section 377 saying that it restricts individuals freedom. But now this judgent is a huge setback for the gay community of India.
The supreme court has put the onus on parliament to decide whether they want to water down section 377...
{Section 377 of the Indian Penal Code is a piece of legislation in India introduced during British rule of India that criminalises sexual activity "against the order of nature." The section was read down to decriminalise same-sex behaviour among consenting adults in a historic judgement by the High Court of Delhi on 2 July 2009. Section 377 continues to apply in the case of sex involving minors and coercive sex.}
http://www.hindustantimes.com/india-news/supreme-court-sets-aside-delhi-hc-judgment-decriminalising-homosexuality/article1-1161395.aspx
12 Replies
Supreme court can say what they think on legal basis but they cannot stop people from doing what they do within the four walls of their homes. No, I am not a gay but would not want to interfere in people's personal matters, as long as they are not playing with a child or someone against their will.j
Matters that happen in privacy or within the confines of a home are purely personal. Closed room gambling is going unabated. The law should interfere only when such matters are done in public which is likely to damage the societal values and influence the members of the society.
This is right. That is why Section 377 of The I.P.C. needs be deleted. This is su8perflous. When anything goes between consenting individuals, there will be no complaint and hence no interference by law. But Supreme Court has merely ruled that this section is constitutional. It is for parliament to amend I.P.C..
The Indian Penal Code was originally drafted during the British era and while we were being ruled by them so most of the rules made were obviously to more benefit to the British than to Indians! Even after more than 6 decades of independence, the same old code is being used, isn't it time now to amend them to really reflect OUR society's needs and stipulations? I am deviating a little form the topic, but several tribes that were declared as being criminals by law by the British are still registered as criminals! It is high time now to amend or delete all such laws including section 377!
Here I may state that it is no use saying that so and so law was framed by British. In fact, we got rule of law only after 1857 when Queen Victoria took over. Before that, there was no law- good or bad. There is no doubt that Section 377 of IPC is introduced on moral grounds. There was no question of so called gay rights then. Even now, homosexuality must be considered as a deviation and is certainly bad enough. There is no such thing as gay rights. Being gay is a matter of shame and not respect. However, there is still no need for section 377 of IPC as state must not interfere what people do in private with consent. Hence, parliament should delete the provision from IPC.
Seeing that there is a sizeable number of population that is gay, saying it is not an issue and is a matter of shame sounds very much insensitive and ruthless in my opinion. They are humans and just because they deviate from the acceptable norms does not make any less humans than others. They are entitled to as much respect as anyone else. Only those humans who commit acts of violence, outrage against others and are dishonest, corrupt etc. are not worthy of respect, but saying a person is not worthy of respect just because he is gay is not right in any way!
Supreme court has been at the receiving end for the US and other foreign nationals as well regarding the judgment ...Now that the congress party has taken up the issue it might come up for debate.But I wonder how long this enthusiasm will last? SP is openly against it and BJP is the fence sitter since it doesnt want to spoil its poll prospects :dry:
Supreme court has been at the receiving end for the US and other foreign nationals as well regarding the judgment ...Now that the congress party has taken up the issue it might come up for debate.But I wonder how long this enthusiasm will last? SP is openly against it and BJP is the fence sitter since it doesnt want to spoil its poll prospects :dry:
It seems to be a catch-22 situation for all parties since many fear that coming out in support openly for gay rights may affect their vote banks!
http://www.asianage.com/india/parties-bind-gay-rights-524
In India, it is all about politics and votes, no one stops to think of well-being and happiness of the common people! :blink:
The numbers of individuals in jail for violation of section 377 IPC must be very negligible. There are not likely to be complaints. Complaint if any would be of forced sex- straight or perverted viz. sodomy etc. As such this is not a big issue. The Section 377 can be removed after due consideration by parliament. The ordnance route is not understandable as there is no urgency.
Congress is trying to renovate itself to show they are positive towards young mass, it seems by supporting gay rights all young people will attract towards them, still they are not able to understand, it is not the quoting on media they will be getting votes, they have to go to grass roots and connect with masses.Honorable SC opposes rule and advised govt. to frame the rule, so in a way court has seen that existing laws are treating gay sex as not legal, and advised govt to frame new law under article 377, Sonia Gandhi supports framing rules, and many members of congress party are out in news channels expressing their open support to frame rules in support of gay sex :ohmy: :ohmy: :ohmy: :ohmy:
No surprises there since Congress is now bending backwards and sideways to give itself a new image in the eyes of the youth ...They want to project themselves as a forward thinking party lol...anyway, it will be good if Sonia and party support the scrapping or modification of article 377 !
Congress is trying to renovate itself to show they are positive towards young mass, it seems by supporting gay rights all young people will attract towards them, still they are not able to understand, it is not the quoting on media they will be getting votes, they have to go to grass roots and connect with masses.Honorable SC opposes rule and advised govt. to frame the rule, so in a way court has seen that existing laws are treating gay sex as not legal, and advised govt to frame new law under article 377, Sonia Gandhi supports framing rules, and many members of congress party are out in news channels expressing their open support to frame rules in support of gay sex :ohmy: :ohmy: :ohmy: :ohmy:
No surprises there since Congress is now bending backwards and sideways to give itself a new image in the eyes of the youth ...They want to project themselves as a forward thinking party lol...anyway, it will be good if Sonia and party support the scrapping or modification of article 377 !
They will not get more votes by criticizing the supreme Court verdict. In fact, there are no convictions or even arrests/ FIR for last several years under Section 377 I.P.C.
http://en.wikipedia.org/wiki/Section_377_of_the_Indian_Penal_Code
BJP, the principal opposition party will not support any move to remove the section 3777 of IPC. Homosexuality cannot be supported.
The principal opposition party is correct. But it is no use retaining this law which is seldom used. Even if there is some bad conduct, there cannot be a cause for criminal action, as long as the concerned parties consent. Gay and lesbian sex cannot be supported or praised but how can you take any action if this is in private and with consent.
http://timesofindia.indiatimes.com/india/Homosexuality-not-natural-wont-back-it-BJP-chief/articleshow/27377472.cms
http://www.ndtv.com/article/india/bjp-calls-homosexuality-unnatural-backs-supreme-court-verdict-on-gay-sex-458912
The principal opposition party is correct. But it is no use retaining this law which is seldom used. Even if there is some bad conduct, there cannot be a cause for criminal action, as long as the concerned parties consent. Gay and lesbian sex cannot be supported or praised but how can you take any action if this is in private and with consent.
http://timesofindia.indiatimes.com/india/Homosexuality-not-natural-wont-back-it-BJP-chief/articleshow/27377472.cms
http://www.ndtv.com/article/india/bjp-calls-homosexuality-unnatural-backs-supreme-court-verdict-on-gay-sex-458912
BJP is playing to the gallery since elections are round the corner and we all know that vast majority of the Indian population would be against Homosexuality ! Political parties see what suits them best and take that stand and BJP is no better !
Really this should not be election issue. Homosexuality is generally considered bad but even minority has some rights. There is no reason why any one should penalize somebody for something done in private without harming others. The penal provision has no real use.
BJP is playing to the gallery since elections are round the corner and we all know that vast majority of the Indian population would be against Homosexuality ! Political parties see what suits them best and take that stand and BJP is no better !
Even those who themselves practice homosexuality in private will oppose it in public now for their selfish, especially political gains! :blink:
BJP is playing to the gallery since elections are round the corner and we all know that vast majority of the Indian population would be against Homosexuality ! Political parties see what suits them best and take that stand and BJP is no better !
Even those who themselves practice homosexuality in private will oppose it in public now for their selfish, especially political gains! :blink:
BJP has now voiced its views against Homosexuality which I felt was coming by the way the leaders were reacting..I feel that criminalising gay sex is totally wrong and inhuman but do they see it that way? they only go by what RSS dictates and what they think is public opinion ..
BJP is playing to the gallery since elections are round the corner and we all know that vast majority of the Indian population would be against Homosexuality ! Political parties see what suits them best and take that stand and BJP is no better !
Even those who themselves practice homosexuality in private will oppose it in public now for their selfish, especially political gains! :blink:
BJP has now voiced its views against Homosexuality which I felt was coming by the way the leaders were reacting..I feel that criminalising gay sex is totally wrong and inhuman but do they see it that way? they only go by what RSS dictates and what they think is public opinion ..
It is totally unfair to criminalise a certain section of the population based on discriminating factors. Not only it is inhuman, but it is grossly uncivilised and cruel. Had BJP shown its support to the gays, then congress would have taken an opposite stand. Congress at the moment is showing support to the gays, but it seems to be only because its opposition is opposing the gays! :blink:
Topic Author
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usha manohar
@kiran8
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Wednesday, 11 December 2013 05:29
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Tuesday, 30 November -0001 00:00
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