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

[Gautam Bhan]

Dear All,

 Just to quickly say that this judgment should be read closely by all
movements. It has
evoked the constitution in a spirit I have not seen in the recent past. See
if
nothing else, the last conclusions.

 For those of us who have been fighting this law for a decade, standing in
the Court no 1
this morning, tears flowing down our faces, it was also a reminder that
somtimes fights
end in days of victory. Sometimes things change.

  in solidarity,
 Gautam

On Thu, Jul 2, 2009 at 4:49 PM, Aditya Raj Kaul <kauladityaraj at gmail.com>wrote:

> *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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> >
> > _________________________________________
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> > Critiques & Collaborations
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>
>
>
>
> --
> Aditya Raj Kaul
>
> Freelance Correspondent, The Times of India
> Cell -  +91-9873297834
>
> Blog: http://activistsdiary.blogspot.com/
> _________________________________________
> reader-list: an open discussion list on media and the city.
> Critiques & Collaborations
> To subscribe: send an email to reader-list-request at sarai.net with
> subscribe in the subject header.
> To unsubscribe: https://mail.sarai.net/mailman/listinfo/reader-list
> List archive: &lt;https://mail.sarai.net/pipermail/reader-list/>
>



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