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Decriminalization of homosexuality triggers hot debate in India
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09:46, July 05, 2009

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A large number of Indians, including gay rights activists, have welcomed decriminalization of homosexuality in the country, with some hailing a national capital court judgement on the issue as a "landmark verdict".

Delhi High Court has ruled that homosexual sex between consenting adults is not a criminal act, overturning a 149-year-old British colonial law which described a same-sex relationship as an "unnatural offence".

Scrapping Section 377 of the Indian Penal Code this week, the court ruled that the law outlawing homosexual acts was discriminatory and a "violation of fundamental rights".

"The ruling is a huge step forward. It is fantastic. I hope the government of India accepts the Delhi High Court decision. In one way it changes nothing --there are many gay couples in India anyway. In another way, it changes everything," prominent gay rights activist Vikram Doctor said.

Well, prominent Indian fashion designer Rohit Bal was overwhelmed. "It's a very dark area...I know politicians, ministers who are gay. The Article 377 doesn't matter anymore. No one really cares," he said.

Also agreed political scientist and gay rights supporter Ajay Singh: "This is a landmark judgement. It's great not to be criminalised for being a human being and what you do in your bedroom."

Similarly, leading gay rights activist and the Editor of India's first gay magazine Ashok Row Kavi has welcomed the judgement.

But he said in a media interview: "the social stigma will remain. It is (still) a long struggle. But the ruling will help in HIV prevention. Gay men can now visit doctors and talk about their problems. It will help in preventing harassment at police stations."

However, many people in India still regard homosexuality as illegitimate. And, there are voices against the court judgement too from Christian groups and Muslims organizations who have expressed their reservations on the issue.

Father Dominic Emanuel of India's Catholic Bishop Council clearly opposed the court ruling, saying "our stand has always been very clear. The church has no serious objection to decriminalizing homosexuality between consenting adults, the church has never considered homosexuals as criminals But the church does not approve of this behavior. It doesn't consider it natural, ethical, or moral."

Even the head cleric of Jama Masjid, India's largest mosque, criticized the ruling. "This is absolutely wrong. We will not accept any such law," Ahmed Bukhari told the media, expressing his greatest reservations against decriminalization of homosexuality which he feels is against "religion".

But, aptly summed up Anjali Gopalan of NAZ Foundation, which had actually moved a petition at the court seeking decriminalization of homosexuality: "We have finally entered the 21st Century. The government can't ignore this."

Source: Xinhua



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