Published: Sat, September 08, 2018
Global | By Enrique Rogers

No cheering in India over high court ruling

No cheering in India over high court ruling

"Private acts between consenting adults is something which no government should have criminalized as unfortunately we have done", he said.

Section 377 of the Indian penal code, enacted by British rulers in 1861, banned "carnal intercourse against the order of nature".

Although the law was seldom enforced, the gay community said it opened them to harassment and discrimination, and made it impossible for them to seek justice if they were victims of violence, rape or other crimes like blackmail.

The law, while in existence, called for a maximum sentence of life in prison if one were caught taking part in homosexual acts.

"We become equal citizens with the removal of Section 377".

"Any discrimination on the basis of s3xual orientation violates fundamental rights", Chief Justice of India Dipak Misra, who was head of the five-judge bench, said in Thursday's ruling, Al Jazeera reported. One of the judges, Indu Malhotra, said she believed the LGBT community was owed an apology.

In four separate yet concurring judgements, the top court overturned its 2013 verdict which had re-criminalised consensual unnatural sex.

Gunfire heard on broadcast of Del Mar race
People at the venue saw a string of sheriff's and police cars responding to the fairgrounds around 6:40 p.m. The man pulled out a silver plated semi-automatic handgun and fired several shots into a crowded area.

The Bench said the courts must protect the dignity of an individual as right to live with dignity is recognised as a fundamental right. "Therefore, Section 377 IPC in its present form violates Article 19 (1)(a) of the Constitution".

Activists, members of the LGBTQ (lesbian, gay, bisexual, trans, queer) community, authors and politicians welcomed the verdict - which also said society can not dictate a sexual relationship between consenting adults - with many cutting cakes and unfurling the rainbow flag. "But decriminalisation is a first step", says Justice Chandrachud's judgment.

United Nations India Thursday lauded the Supreme Court for striking down a "key component" of IPC's Section 377 which criminalises "specific sexual acts between adults" and said the judgement will boost efforts to eliminate stigma and discrimination against LGBTI persons.

"This verdict could give rise to other issues such as an increase in the number of HIV cases", member of parliament Subramanian Swamy told CNN-News18.

"The Bangladeshi LGBT community has gained moral support", said Shahanur Islam, executive director of the Bangladesh Institute for Human Rights. Back in July of 2009, the Delhi High Court decriminalized homosexuality, but it didn't stick.

"Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights!" "And other people will see that this is not too far from their culture, and so they can embrace that, help the church there in India differentiate themselves from the Western world view which is embracing homosexuality".

On its official Twitter handle, the Congress said, "We join the people of India & the LGBTQIA+ community in their victory over prejudice".

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