India: Delhi High Court Declares Gay Sex between Two Adults Is Legal

India:
Delhi High Court Declares Gay Sex between Two Adults Is Legal
Gay sex decriminalized in India by Delhi High Court.

8 years back, NGO named as NAZ has filed a writ petition, PIL in the Delhi High court,
to challenge the constitutional validity of Section 377 of the Indian Penal Code, 1860 (IPC), which criminally penalizes what is described as “unnatural offences”, to the extent the said provision criminalizes consensual sexual acts between adults in private.

The challenge is founded on the plea that Section 377 IPC, on account of it covering sexual acts between consenting adults in private infringes

The fundamental rights guaranteed under Articles 14, 15, 19 & 21 of the Constitution of India.
Brief History of Sodamy law:




This section 377 was introduced by the British people .In UK around year 1300 the law was that gay people or persons who enjoy anal sex were burnt alive.

Acts of sodomy later became penalized by hanging under the Buggery Act of 1533 which was re-enacted in 1563 by Queen Elizabeth I, after which it became the charter for the subsequent criminalization of sodomy in the British Colonies.

Indian Penal Code was drafted by Lord Macaulay and introduced in 1861 in British India.
IPC section 377 states that, whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 377 is a non bailable offence. So if anyone is arrested for this crime, he can not get bail.
Section 377 IPC has been interpreted to cover oral sex, anal sex and penetration of other orifices.
The English law was reformed in Britain by the Sexual Offences Act, 1967, which de-criminalized homosexuality and acts of sodomy between consenting adults.

Men who have sex with Men are called as gay and female who enjoy sex with female is called as lesbian.

Reality Views by sm:

How the gay people are treated in India:

I will give one example: Bangalore incident, 2004’

In Bangalore city, one person who was at a public place dressed in female
Clothing. The person was subjected to gang rape, forced to have oral and anal sex by a group of hooligans. He was later taken to police station where he was stripped naked, handcuffed to the window, grossly abused and tortured merely because of his sexual identity.

In India this type of crimes.harrasment of gay people keep happening all the time.
On 26 August, 2005. Nepalese Supreme Court has also struck down the laws criminalizing homosexuality.

American Psychiatric Association has said that homosexuality is not a disease or mental illness that needs to be, or can be, 'cured' or 'altered', it is just another Expression of human sexuality.
People say that gay people spread HIV and AIDS, its totally wrong concept.

The truth is that whenever there will be sex without precautions there is a chance to get infected by HIV or AIDS.

Smoking causes problems for the smoker as well as people who sit around him, still smoking is permitted it is legal and enjoyed by many people.

Few people argue that it is against the nature, but don’t you support the people who eat non veg, it is proven that human teeth are not made to eat foods like mutton or chicken still it is legal and people enjoy it.

Do you think nature permits humans to kill animals still people kill the animals,

Do you think nature wants female child be killed in the womb of female, still its tradition and custom and followed by declaring and saying that Jai Mata Dee.

In its order The High Court has not struck down the article 377, this means that the fight is not over. The high court has just said that Section 377 IPC, insofar it criminalizes

Consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution. The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.

We say India is biggest democracy.I dont see any democracy do you see ?

A community is democratic only when the humblest and weakest person can enjoy the highest civil, economic, and social rights that the biggest and most powerful possess.”

This is for religious leaders :

“There is nothing that wastes the body like worry, and one who has any faith in God should be ashamed to worry about anything whatsoever”