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With the recent ruling from SC setting aside the 2009 Delhi High Court ruling decriminalising consensual homosexual activity within its jurisdiction, the problems faced by LGBT community has come forth once again. It calls for wide ranged discussion ranging from India's history, culture and society to our current legal and law enforcement problems.
What is forum's take on the verdict and the issue otherwise?
Not a single 'guy' has been prosecuted since it was 'criminalised' in 1860. If you 'do something' in private,how an inspector will able to know it and prosecute you ? And if they want these rights to 'do' in public ,those are anyway prohibited under article 19(2) on grounds of decency or morality even for hetrosexuals.
It's not about getting caught or not. But, how can SC can say that a consensual act done in privacy which does not cause any harm to any individual or society is a crime.
It's not about getting caught or not. But, how can SC can say that a consensual act done in privacy which does not cause any harm to any individual or society is a crime.
Why is everyone blaming the SC that it passed a wrong order ? Someone who has better understanding of the law will not blame the SC but the parliament. SC merely interpreted the law and gave an order which according to the law was correct. SC is not a council of some sovereign oligarchs that it has the power of unilaterally amending article 377 of IPC and give a populist order.
Are you basically saying that all the consensual acts done in private should not be considered as crime ?? So it means if prostitution is done with consensus and in private which it usually be, then it should also be considered legal??
SC has not declared anything crime by itself.. It just interpret section 377 which says "unnatural act" is considered as crime...
The point is that as long as this section hold valid... yes these are crimes...
So either we should repeal this section by parliament or the SC could declared it unconstitutional ..
Now the debate should based on why SC has not declared it ultra vires as the High Court did on the basis of article 14,15,21 ?
SC has the power of Judicial review so why SC had not used this power in this case and put the ball in the court of parliament??
This is a debate of morality, be it 377IPC or any other dated rule. I feel, we need to draw a line somewhere on the issue of delineating morality. How moral is it to impose your own morals every one else? How moral is it to expect everyone to be just like you. This is just another form of ethnocentrism.
Privacy cannot be a criteria for judging criminality. Acts must be judged based on how harmful they are to the individual or the society. I, honestly, cannot see homosexuality as being harmful to the society at large. It has existed in India since time immemorial. There is a higher risk of AIDS in MSM, but that certainly doesn't justify a "criminal" tag. Even major professional mental health bodies do not consider it as an illness any more.
The SC has pushed the ball in to the the court of the legislature. I believe it should be decriminalized (even though no one has ever been jailed for life for homosexuality).
I feel that somewhere Article 377 is connected with the refusal to define or adequately penalize male sexual abuse in our country. If homosexuality exists,define it,then legislate and say that ok,this is legal,which will pave the way to opening up about illegal practices i.e. abuse. I dealt with a most horrific case in my internship and I don't understand why when we are all talking so much about sexual offences against women no one is talking about male abuse. And while social norms will remain as they are,either the Parliament or the SC should have the courage to stand up and define what is legal.Society decides morality,not the legislature or the judiciary.They should perform the roles they have.
Are you basically saying that all the consensual acts done in private should not be considered as crime ?? So it means if prostitution is done with consensus and in private which it usually be, then it should also be considered legal??
This whole issue has been judged by court wrt acts in order of nature or against order of nature .
How did Court came to this conclusion that only Consensual acts between man and a woman is natural and rest is unnatural !!No scientific logic or reasoning there i guess.
Narrow - Minded views should not dictate judgements of SC.Also these so called unnatural acts are not posing a threat to our society and in no way harming anyone in any sort of way.
So why take such a regressive step and backtrack on what High Court considered legal by scrapping Sec 377 of IPC. This judgement violates Art 14,21 of constitution.It verily qualifies as a case of judicial deference imo.
The gravity of situation lies in its impact on the crippling effect it will have on health programmes in mission mode such as prevention and management of HIV/AIDS in vulnerable groups such as lgbt community as they will not come to light voluntarily regarding their sexual orientation . This ruling will also present India as an illebral democracy in international forum like the UNHRC which has already conveyed its displeasure at this archaic law in India.
@RAJANAKIN I agree even Deptt of Aids control in india has voiced its concern regarding the discrimination that LGBT would now face and it will hinder them to come out in open and seek help from govt programmes. As MSM is regarded second most vulnerable category after drug injecting users wrt AIDS so it will definetly offbalance 4th phase of Aids control programme .
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Comments
If you 'do something' in private,how an inspector will able to know it and prosecute you ?
And if they want these rights to 'do' in public ,those are anyway prohibited under article 19(2) on grounds of decency or morality even for hetrosexuals.
Are you basically saying that all the consensual acts done in private should not be considered as crime ??
So it means if prostitution is done with consensus and in private which it usually be, then it should also be considered legal??
SC has not declared anything crime by itself.. It just interpret section 377 which says "unnatural act" is considered as crime...
The point is that as long as this section hold valid... yes these are crimes...
So either we should repeal this section by parliament or the SC could declared it unconstitutional ..
Now the debate should based on why SC has not declared it ultra vires as the High Court did on the basis of article 14,15,21 ?
SC has the power of Judicial review so why SC had not used this power in this case and put the ball in the court of parliament??
Privacy cannot be a criteria for judging criminality. Acts must be judged based on how harmful they are to the individual or the society. I, honestly, cannot see homosexuality as being harmful to the society at large. It has existed in India since time immemorial. There is a higher risk of AIDS in MSM, but that certainly doesn't justify a "criminal" tag. Even major professional mental health bodies do not consider it as an illness any more.
The SC has pushed the ball in to the the court of the legislature. I believe it should be decriminalized (even though no one has ever been jailed for life for homosexuality).
And while social norms will remain as they are,either the Parliament or the SC should have the courage to stand up and define what is legal.Society decides morality,not the legislature or the judiciary.They should perform the roles they have.
http://www.gangothri.org/?q=node/9
http://en.wikipedia.org/wiki/Prostitution_in_India
How did Court came to this conclusion that only Consensual acts between man and a woman is natural and rest is unnatural !!No scientific logic or reasoning there i guess.
Narrow - Minded views should not dictate judgements of SC.Also these so called unnatural acts are not posing a threat to our society and in no way harming anyone in any sort of way.
So why take such a regressive step and backtrack on what High Court considered legal by scrapping Sec 377 of IPC.
This judgement violates Art 14,21 of constitution.It verily qualifies as a case of judicial deference imo.
This ruling will also present India as an illebral democracy in international forum like the UNHRC which has already conveyed its displeasure at this archaic law in India.
I agree even Deptt of Aids control in india has voiced its concern regarding the discrimination that LGBT would now face and it will hinder them to come out in open and seek help from govt programmes.
As MSM is regarded second most vulnerable category after drug injecting users wrt AIDS so it will definetly offbalance 4th phase of Aids control programme .