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

Aditya Raj Kaul kauladityaraj at gmail.com
Thu Jul 2 16:49:11 IST 2009


*Full 105 page Judgement available at  *-

http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf

thanks

On Thu, Jul 2, 2009 at 4:36 PM, Jeebesh <jeebesh at sarai.net> wrote:

> 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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-- 
Aditya Raj Kaul

Freelance Correspondent, The Times of India
Cell -  +91-9873297834

Blog: http://activistsdiary.blogspot.com/


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