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Indian Supreme Court Re-Criminalizes Homosexuality

T-Rexx

T-Rexx

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The Indian Supreme Court today overturned a lower court ruling, which had found colonial-era sodomy laws to be unconstitutional.

In 2009, the New Delhi High Court ruled laws criminalizing consensual same-sex relationships to be in conflict with the Indian Constitution. Today, the Supreme Court overturned the prior ruling, saying that such mattters were the jurisdiction of Parliament, not the courts.

The ruling (apparently) re-instates the old "Section 377" law, which makes same sex relationships in India punishable by up to ten years in prison.


http://www.washingtonpost.com/world...7274a6-6227-11e3-a7b4-4a75ebc432ab_story.html
 
This is upsetting & but unfortunately, I'm not surprised.

I have visited India numerous times to visit relatives before & I can tell you firsthand it is a very socially repressed society. The days of the Kama Sutra and all that were thousands of years ago. Centuries of Muslim rule, followed by the British, changed India & mostly not for the better. The urban cities are better than the countryside villages but it's still socially backwards.

India hates people like me. If there is one thing I am glad for, I count my blessings that I was fortunate to live in the United States.

I have no plans to tell my relatives in India about me. Although some of them have been asking me & my parents when I am getting married. One of my aunts told me that she knows of Indian girls she can introduce me to in India & on shaadi.com

Gay Indian Americans have it hard. We aren't accepted in the country of our heritage (India), we aren't completely accepted by our own parents & family, most of us are not fully embraced by the gay community at large in the US/Canada, and the rest of straight Americans look at us and assume we're foreigners from some Muslim country in the middle east.
 
Are there any JUBBers from India? I know there are NRIs here, but I don't know of any JUBBers living in India.

Oh, and one more thing. If I was living in India, I would be married by now. One of my cousins in India, he's a slightly effeminate and I had a gut feeling he may be gay (but again, those things are never discussed in the open over there). But he's about my age & he tried to tell his parents he wanted to be celibate but insisted he get married & they found him a wife (arranged marriage).
 
Very distressing news regarding the Indian Supreme Court decision. Not a great picture of Indian life painted by JayQueer, goodness knows how many millions are living a lie rather than coming out as any combination of GLBT.

T- Rexx's map too just depressingly shows how far a lot of he world still has to go.
 
Rolyo85 said:
[Quoted Post: Removed]
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He's Indian...it's not JUST about him but painting a picture of what gays face in India even today. Can you get over your reflexive bias against Jay Queer,please? PLEASE?:rolleyes:
 
The irony now is that Russia will remain the focus of our ire while India will come away from this relatively unscathed, despite homosexuality being legal in the former.

We were all pleasantly surprised that the uber conservative India decriminalized gay sex by the New Delhi court in 2009, and while we thought it was over there was actually an appeal silently making its way to India's high court. Nobody thought it would be overturned, but here we are.

India is not a Westernized country despite centuries of colonialism. Much of it is eyewateringly backwards and struggling to even survive. I suppose that is why when the law was intact that it was rarely enforced. I doubt now that it will because of international pressure. As we have seen in African countries where there is a conviction once in a while, international pressure is able to free the accused quite often. The only countries that really prosecute today are Iran and perhaps North Korea we don't know. The progress that overturned sodomy laws in the US in 2003 did not come without decades of activism and social movement, and people simply coming out to their friends and family. This is what India needs and the rest of the cold dark world.
 
ChickenGuy said:
Off-topic: The map is very misleading, it defines gay rights SOLELY on marriage/civil unions or the lack of.

I mean, they lump in Russia and China with places like Florida, Italy, and Australia, which is preposterous.

I doubt anyone in Miami/Fort Lauderdale, or Milan, or at the Sydney Mardi Gras, would see a comparison.
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Journalists are not versed in LGBT rights law. They just aren't. I find mistakes routinely. That map is either plagiarized or thrown together in five minutes. Also, Benin does not criminalize homosexuality.
 
Sausy said:
T- Rexx's map too just depressingly shows how far a lot of the world still has to go.
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That's true. But it also shows considerable progress.

I was curious to see how you guys would react to this news about India. One way of interpreting it is that it is not really a step backward, merely a technical decision by the court that it lacks jurisdiction in the matter. (I don't happen to agree with that argument, but I think it is a valid one).

India is a complex country that is going to influence the world massively. I happen to hold an M.S. degree in science from a prestigious Midwestern university. When I got my degree 30 years ago, we had but one Indian professor on the staff. When I returned to campus to visit 5 years ago, all but two of the professors in my old department are now Indian. The Anglo-Saxons have all retired. Benvolio would be horrified!

India just sent a probe to Mars. They have the bomb. They are the second most populous nation on earth. What these people think matters.
 
ChickenGuy said:
Off-topic: The map is very misleading, it defines gay rights SOLELY on marriage/civil unions or the lack of.

I mean, they lump in Russia and China with places like Florida, Italy, and Australia, which is preposterous.

I doubt anyone in Miami/Fort Lauderdale, or Milan, or at the Sydney Mardi Gras, would see a comparison.
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Yes, I had that same impression.

For example, it describes most of the states of the USA as "no laws allowing same sex unions or criminalizing homosexuality." It sounds as if they have no opinion, either way. In fact, most of those states have laws specifically prohibiting same sex unions, which is a little more ominous.

It has become standard to judge gay rights by the presence or absence of gay marriage. That is a crude measure. But coming up with alternative measures is problematic.
 
"What these people think matters."

Which is why we need to do all we can to show them that you can't continue to have such laws and expect to be a world power. By any means necessary.
 
Had the Supreme Court overturned Lawrence v. Texas there would be riots in this country. Indian gays are still largely in the closet and afraid of associating with their community. Remind you of anyone?
 
scream4ever said:
A sign of hope?

http://www.pinknews.co.uk/2013/12/1...-to-bring-back-archaic-anti-gay-law/comments/
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There is a good chance to repeal the law after seeing a lot of these comments from the ruling government but they have to act quickly before conservatives win the next election.

Ninja108 said:
http://gaycitynews.com/dismissing-c...eople-indian-supreme-court-revives-sodomy-law

Read this article and the justification for why they did what they did?.Notice any familiar names in there?
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They criticize the New Delhi court for citing international courts and then cite Antonin Scalia's opinion from 10 years ago...
 
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