[Reader-list] High Court to Abolish Section 377 IPC (Anti-Sodomy) ?

[Jeebesh]

dear Aditya,

It is an excellently argued judgement.

The arguments on privacy in this judgement is i would guess a legal  
landmark.

The petitioners and the team of lawyers and legal researchers had done  
immense work and shows in the quality of the judgement.

warmly
jeebesh


On 02-Jul-09, at 4:21 PM, Aditya Raj Kaul wrote:

> *Congratulations to the Gay Activists and their supporters on this  
> forum. *
>
> India court overturns ban on gay sex*Reuters*
>
> NEW DELHI (Reuters) - An Indian court Thursday ruled gay sex was not a
> crime, a verdict that will bolster demands by gay and health groups  
> that the
> government scrap a British colonial law which bans homosexual  
> sex.*Link* -
> http://in.reuters.com/article/lifestyleMolt/idINTRE5611VE20090702
>
>
> On Thu, Jul 2, 2009 at 12:04 AM, Aditya Raj Kaul <kauladityaraj at gmail.com 
> >wrote:
>
>> Lord Macaulay wouldn't be smiling in his grave if this comes true.
>>
>> For Sarai list members - A rumour doing the rounds all day in media
>> suggests that the High Court may abolish or at least pass a strong  
>> verdict
>> against the Section 377 IPC.
>>
>> Some experts however say it wouldn't be that easy and the case  
>> might be
>> immediately transferred to the Supreme Court.
>>
>> Hope this is helpful.
>>
>> thanks
>> Aditya Raj Kaul
>>
>> *More from IANS*
>>
>> The verdict will be the first to be delivered by an Indian court on  
>> a 19th
>> century law that treats homosexual activity as a criminal offence.
>>
>> The petitioners, including voluntary organisation Naz Foundation,  
>> pleaded
>> that the criminal provision against homosexual behaviour should be  
>> scrapped
>> for consenting adults who indulge in such acts in private.
>>
>> The petition said that Section 377 of the Indian Penal Code (IPC) is
>> violative of their fundamental right.
>>
>> Section 377 of the IPC says an individual who “voluntarily has carnal
>> intercourse against the order of nature with any man, woman or  
>> animal” shall
>> be imprisoned for life or for a term exceeding 10 years and be  
>> liable to pay
>> a fine.
>>
>> During the course of the proceedings, the health ministry and the  
>> home
>> ministry, respondents to the petition, were divided in their  
>> opinion, with
>> the health ministry’s affidavit supporting the petitioners and the  
>> home
>> ministry opposing decriminalization of same-sex activity saying such
>> behaviour was immoral and could not be allowed in Indian society.
>>
>>
>
>
> -- 
> Aditya Raj Kaul
>
> Freelance Correspondent, The Times of India
> Cell -  +91-9873297834
>
> Blog: http://activistsdiary.blogspot.com/
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