India: gay sex crimalized by top urt landmark lg | CNN

Contents:

• GAY MARRIAGES IN INDIA: LEGAL RECOGNITION OF SAME SEX BY LAW
• GAY UPL INDIA ASK SUPREME COURT TO LEGALISE SAME-SEX MARRIAGE
• THE SLOW EVOLUTN OF GAY CULTURE INDIA
• IS GAY MARRIAGE LEGAL INDIA
• INDIA’S TOP URT CRIMALIZ GAY SEX LANDMARK LG
• IN INDIA, GAY, LBIAN AND TRANS PEOPLE N FACE WCHDOCTORS, EXORCISTS AND 'RRECTIVE RAPE'
• IS GAY MARRIAGE LEGAL INDIA

GAY MARRIAGES IN INDIA: LEGAL RECOGNITION OF SAME SEX BY LAW

As on 2 May 2017, gay-sex marriage is legally regnized var untri like: Belgium, Canada,, France, Colombia, Iceland, Ireland, Luxembourg, Fland, Netherlands, Denmark New Zealand, Norway, Portugal, Mexi, South Ai, Spa, Uned Kgdom, Uned Stat and Uguay, Swen. Practice of gay marriage as per Sectn 377 of the Indian Penal Co, 1860 is not legal and IPC f as unnatural offence and s practice is punishable ey of law, irrpective of the voluntarily and voluntarily nsent. REUTERS/Anhree FadnavisSummarySupreme Court to hear gay marriage se JanuaryFour gay upl say nied basic fundamental rightsModi ernment has opposed same-sex marriageCase seen as key tt for Modi ernmentNEW DELHI, Dec 19 (Rters) - Four gay upl have asked India's Supreme Court to regnise same-sex marriag, settg the stage for a legal face-off wh Prime Mister Narendra Modi's ernment which has the past refed to legalise such a historic verdict 2018, India's top urt crimalised homosexualy by scrappg a lonial-era ban on gay sex.

Dpe the 2018 lg, members of India's lbian, gay, bisexual and transgenr (LGBT) muny pla about a lack of acceptance and discrimatn agast gay people Indian activists say that while 2018 lg affirmed their nstutnal rights, they are still prived of legal backg for same-sex marriag, a basic right enjoyed by heterosexual married three Supreme Court filgs seen by Rters, the upl say that whout legal regnn of beg married, they are nied rights such as those lked to medil nsent, pensns, adoptn or even simpler thgs like club memberships for upl.

GAY UPL INDIA ASK SUPREME COURT TO LEGALISE SAME-SEX MARRIAGE

"In tth, they have no rights at all, " the filg four gay upl want a Supreme Court lg that modifi or terprets laws a way that allows same-genr marriag, the urt filgs is a sensive subject the socially nservative untry of 1. 4 billn people, where speakg openly about homosexualy is taboo for pleas have already triggered a bate on prime-time TV news and generated edorials newspapers whether the time has e for the world's largt mocracy to jo roughly three dozen untri where such marriag are Uned Stat this month approved legislatn that provis feral regnn to same-sex marriag a bid to further safeguard gay Indian Supreme Court s, which follow many lawsus filed lower urts where no cisn was reached, will be a key tt for Modi's Hdu natnalist ernment and his Monday, a feral lawmaker om Modi's party appealed to lleagu the upper hoe of parliament to oppose legal regnn of marriage between same-sex upl.

"Backg the upl are high-profile lawyers cludg one of India's former Attorney Generals and another unsel named Srabh Kirpal, who is openly gay and an terview last month acced Modi's ernment of layg his elevatn as a state judge due to his sexual and Modi's office did not rpond to a requt for ment on those remarks. Popular belief and study of the behavural trends of the homosexuals tell , homosexualy is a romantic and physil attractn of a person towards another of the same sexual orientatn. The societal and legal perspectiv turn, have a plsible psychologil impact on the members of the homosexual muny, also lled the LGBT (lbians, Gays, Bisexuals, transgenrs) muny the lol jargon.

THE SLOW EVOLUTN OF GAY CULTURE INDIA

The Naz Foundatn India(Tst) Limed., a nonernmental anizatn works towards the preventn of AIDS, providg support to the victims of this adly disease, that clus people om the sexual mori, like the homosexuals. The petners also ntend that there was vlatn of the fundamental rights unr Article 19 bee, the victims were not beg given the right to eely exprs their sexual preferenc and also move at their own ee will orr to get volved any kd of homosexual behavur.

The Court sensised on the issue of harassment of the homosexuals the society and clared Sectn 377 as vlative of Articl 14, 15, 19 and 21 of the Constutn, so far as tri to crimalize the private sexual activi of nsentg adults. They argued that Sectn 377 IPC should not apply to the private activi of the homosexuals bee the difference between amoral and praved acts the public and private spher has been regnized statutorily by Sectn 294 IPC.

Acrdg to the rponnts, Sectn 377 IPC also do not follow a “procre tablished by law”[22] as required by Article 21 of the Indian Constutn, by terferg to the liv of the homosexuals whout followg any proper statutory procre. Homosexual relatnships have been legalized throughout the natn after the Supreme Court judgement Lawrence v Texas[27] was “reasonably speculated that same-sex dividuals sire timacy or a private sphere of cisn-makg as much as heterosexual upl a tradnal marriage.

IS GAY MARRIAGE LEGAL INDIA

Th, is clear that, all over the world, the stat of LGBT rights have gaed ground, leavg out the Islamic untri, the ntent of Ai (where 38 untri nsir homosexual relatnships illegal), the Vatin and other ultra nservative parts of the world.

[1]Dipika Ja, Impact of the Naz Foundatn Judgement on The Gay, Bisexual and Transgenr People Delhi:An Empiril Invtigatn, 2 Centre for Health Law, Ethics and Technology, Jdal Global Law School. Later the eveng, Bobby explas that India homosexualy is characterized, as often is Asia, by the classil try: crimalizatn, social disapproval, and the police’s nonenforcement of the law. ”The ia of “ntament” — an Amerin diplomatic term referrg to the limatn of the Communist ntagn — is que a relative notn a untry whose Natnal AIDS Control Organizatn rmally timat has at least 70 ln India, as often Asia, the issue is not jt about the law: a whole culture helps make homosexualy yet thgs evolve.

INDIA’S TOP URT CRIMALIZ GAY SEX LANDMARK LG

“This article [Sectn 377] was very rarely ed India, but was a sword of Damocl hangg over our heads, and ntributed to the nonregnn of homosexuals India, ” explas Rajeev, a gay activist om the Naz Foundatn Tst, an anizatn that fought for the crimalizatn of homosexualy and was supported by many Bollywood wrers and actors as well as by Amartya Sen, Nobel Prize wner enomics, and by the famo Manvendra Sgh Gohil, the only royal prce to be openly gay. When I met him 2015 his prtig New Delhi office, he nfirmed that he would “file a new bill on behalf of the Left [the Congrs Party] to reverse the cisn of the Court and fally crimalize homosexualy India once and for all. ” This great secular lady, like many of my terlocutors New Delhi, criciz the lg party of the Right that is currently power — Prime Mister Narendra Modi’s Indian People’s Party — for havg renewed ti wh an “archaic and anachronistic” Hdu natnalism that she unhatgly characteriz as sexist, homophobic, and antifemist.

IN INDIA, GAY, LBIAN AND TRANS PEOPLE N FACE WCHDOCTORS, EXORCISTS AND 'RRECTIVE RAPE'

Beg a gay-iendly figure, this Bollywood producer neverthels believ that India needs to evolve on the gay India, as often Asia, the issue is not jt about the law: a whole culture helps make homosexualy taboo. “There are now Gay Pri celebratns some major ci, ” Rajeev ntu; “there are ‘pk nights’ nightclubs, a Queer Ink gay bookstore here Mumbai, and Bollywood stars who sometim perform gay characters.

Organizatns fendg gay rights, such as the Naz Foundatn, are even thorized by the ernment, which isn’t possible Cha, Vietnam, or the root of the velopments, you first fd mographics. ”Frédéric Martel, a rearcher at Scienc-Po Paris and ZHdK Zurich, is the host and producer of the French rad show Soft Power, and foreign affairs lumnist at He is the thor of ne books, cludg “Global Gay, ” om which this article is excerpted.

However, wh the passage of time, homosexualy was clared a taboo subject on relig grounds and people dulgg sex wh other people of the same sex were looked down upon and even ostracized by the society.

IS GAY MARRIAGE LEGAL INDIA

The recent lg of the Supreme Court has put a temporary full stop on the legaly or otherwise of sexual relatns between people of the same sex, leave alone talkg about gay marriage. The quashg of this archaic law on homosexualy sent wav of joy among lns of gay and lbian people the untry as they were fally relieved that they would not be treated as crimals. In s 2013 lg, the Supreme Court said that only a “mcule actn of the untry’s populatn nstute lbians, gays, bisexuals or transgenrs” and was therefore “legally unstaable” to repeal the act.

In an terview earlier this year, lawmaker Subramanian Swamy, a proment member of the lg Bharatiya Janata Party (BJP), scribed the legalizatn of gay sex as a “danger to natnal secury” and “agast Hdutva. Out of the timated 48 former Brish loni that crimalize homosexualy, 30 still have laws based on the origal lonial anti-LGBT legislatn, acrdg to Lus Mendos, -thor of the 2017 Internatnal LGBTI Associatn “State-Sponsored Homophobia” report. But to actually be lockg ey wh Ellen and hold her, shakg hands as she said, "I'm gay, " on natnal televisn and for the first time, as she has shared outloud that way publicly, was such a profoundly extraordary and timate gift to that moment that I will forever be grateful for.

She fally fled home, fearg she might be forcibly married, or her father would send someone to rape her to change her sexualy, a hate crime known as "rrective rape" was eventually granted protectn by a Delhi urt when her parents tried to track her this was a time when homosexualy was still illegal India n be a dangero place for a gay woman, and Sonia scribed the ensug years on the n as "a lot of mental torture, emotnal torture, fancial torture".