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INDIA GAY SEX BAN IS STCK DOWN. ‘INFENSIBLE,’ COURT SAYS.

The lg is a landmark victory for rights advot, cludg dozens of gay petners who joed the se spe the threat of prosecutn. * indian gay sex ban *

AdvertisementSKIP ADVERTISEMENTViotranscripttranscriptIndia Celebrat Gay Rights W: ‘We’re Fally Free To Be Who We Are’The Supreme Court stck down a lonial-era ban on gay sex that had been ed to blackmail, harass and sexually asslt L. ”The Supreme Court stck down a lonial-era ban on gay sex that had been ed to blackmail, harass and sexually asslt L. 6, 2018NEW DELHI — India’s Supreme Court on Thursday unanimoly stck down one of the world’s olst bans on nsensual gay sex, a groundbreakg victory for gay rights that buried one of the most glarg vtig of India’s lonial weeks of liberatn by the urt and s of stggle by gay Indians, Chief Jtice Dipak Misra said the law was “irratnal, fensible and maniftly arbrary.

INDIA JT STCK DOWN A LAW BANNG GAY SEX

Before lonialism, India embraced homosexualy and genr fluidy. The Supreme Court’s repeal of a 157-year-old gay sex ban partially reclaims that history, but LGBTQ Indians still face hurdl. * indian gay sex ban *

In Mumbai, India’s pulsatg mercial pal, human rights activists showered themselv a blizzard of jtic eagerly went further than simply crimalizg gay sex. From now on, they led, gay Indians are to be acrd all the protectns of the Constutn.

Wh rtrictns on gay rights topplg untry after untry, the lg India, the world’s send-most-populo natn, may enurage still more natns to act, she, however historic the lg of the urt, nsired a liberal unterweight to the nservative polics sweepg India, gay people here know that their landspe remas treachero.

Countls gays have been shunned by their parents and persecuted by of this may also be te other parts of the world. The more than two dozen petners, who clud gay, lbian, bisexual and transgenr people, uld have been round up and arrted simply for intifyg themselv as gay and g forward.

INDIAN SUPREME COURT OVERTURNS BAN ON GAY SEX

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Gay marriage, they said, is still a long way their lg, the jtic said homosexualy was “natural. But n no longer be applied to nsensual gay jtic seemed moved by the stori they heard om the petners about harassment, blackmail, abe and persecutn. “History ow an apology to members of the muny for the lay ensurg their rights, ” Jtice Indu Malhotra Guswamy, one of the lead lawyers reprentg gay petners, said that the urt’s extensn of nondiscrimatn prcipl to gay people had laid a “very powerful foundatn.

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Outsi, a cheer went up and people Sgh for The New York TimIndia has a plited rerd on gay issu. ” The law was ually enforced s of sex between men, but officially extend to anybody ught havg anal or oral recent years more gay Indians have e out, and acceptance of gay, lbian and transgenr people has grown to some gree, the fact that timate behavr was still crimalized created much heargs July, lawyers argued that the law was out of sync wh the tim and legally nsistent wh other recent urt lgs, cludg one ma last year that guaranteed the nstutnal right to poted to siar hoary laws that had been toppled the Uned Stat, Canada, England and Nepal, India’s smaller and poorer neighbor.

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And they went beyond classic legal Guswamy spoke of the s-long relatnship between two olr petners, Navtej Sgh Johar and Sunil Mehra, and the sacrific they had ma their personal and profsnal liv to keep their partnership Guswamy enuraged the judg to thk of all the young gay people who did not want to follow that same road and spend their liv hidg who they really were.

”Intertgly, India’s leadg policians, who ually never rist an opportuny to weigh on a hot issue, have mostly stayed out of the Sgh for The New York TimPrime Mister Narendra Modi has said very ltle about gay rights, spe the nservative stance of his erng Bharatiya Janata Party on many social issu. Lawyers for the groups argued that sexual orientatn was not nate and that crimalizg gay sex would lead to the transmissn of H. That year, over 1, 600 s were sent for gays feared that if they reported crim like rape, they would be the on arrted.

INDIA THROWS OUT BAN ON GAY SEX, BUT CHALLENG REMA

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Some gay people shared stori about beg raped by police officers and then threatened wh jail time if they ever me several years, Sectn 377 was the cross hairs, wh the urts gog back and 2009, a urt New Delhi led that the law uld not be applied to nsensual sex. In s cisn that year, the Supreme Court said only a “mcule actn of the untry’s populatn nstute lbians, gays, bisexuals or transgenrs.

In 2016, five gay and lbian Indians submted a wr petn challengg Sectn 377 on the basis that vlated their rights to equaly and ial group of petners the latt challenge clud Mr. Mehra, a journalist; Ru Dalmia, a celebry chef; Ayha Kapur, a bswoman; and Aman Nath, a the Supreme Court prepared to hear the se, more than 25 other Indians wh varied social and enomic backgrounds joed those to file a petn was Anurag Kalia, 25, an engeer livg Bangalore, who was once so aaid to say the word “gay” that he practiced dog so ont of the mirror.

”A versn of this article appears prt on, Sectn A, Page 1 of the New York edn wh the headle: Court India Strik Down Gay Sex Ban. The Indian Supreme Court has legalized homosexualy, overturng a 157-year ban on nsensual gay sex.

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Gay rights advot worldwi celebrated the legal victory, which me after nearly a of ntent urt battl agast a Brish lonial law crimalizg homosexual acts. “Our urt, our jtice system, really believ the rights of the people, ” said Kalyani Subramanyam, program director for the Naz Foundatn, the primary petner the urt se, which uld open the door to gay marriage. In that way, India’s lg differs om recent urt cisns legalizg gay marriage Colombia, Taiwan and Germany – though for LGBTQ Indians, the impacts may be siarly life-changg.

India’s Khajuraho templ, built Madhaya Prash state between 950 and 1050, even clu pictns of homosexual i and fellat, among other erotic sculptur and scen. But by 1861 the Brish had nsolidated their le over India and were enforcg Sectn 377 of their penal , which uld punish those who mted sodomy or other homosexual acts wh life prison. Neighborg Pakistan, like former Brish loni Bhutan, Uganda and Sgapore, still crimaliz homosexualy unr Sectn 377.

INDIAN LGBT ACTIVISTS OUTRAGED AS SUPREME URT RESTAT GAY SEX BAN

India's top urt scrapped a lonial-era ban on gay sex on Thursday, a landmark judgment that sparked celebratns across India and elsewhere South Asia, where activists hope to ph for siar reform. * indian gay sex ban *

Dpe India’s legalizatn of gay sex, the path toward full acceptance of LGBTQ rights is plited.

For more than a , India’s right-wg Hdu natnalists – who poe a fundamentalist terpretatn of Hduism lled Hdutva – have worked to portray homosexualy as a reprehensible Wtern import. Members of the LGBT muny dance to celebrate after the untry’s top urt stck down a lonial-era law that ma homosexual acts punishable by up to 10 years prison. In July, as India’s Supreme Court was preparg to hear arguments on the gay sex ban, Subramanian Swamy, a high-rankg member of Modi’s lg Bharatiya Janata Party, retorted that homosexualy “is not a normal thg.

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” In legalizg gay sex, then, the Supreme Court is not jt regnizg India’s rich past – ’s also “lookg forward.

India’s hight urt has jt stck down a more than century-old prohibn on gay sex, llg the Victorian-era law “irratnal, fensible, and maniftly arbrary. The lg reprents a hard-fought victory for gay-rights activists India, who have been battlg the law for more than a .

Sectn 377 was nsistently enforced, but police and others sometim weaponized the law to harass, blackmail, or extort transgenr or gay people — pecially men. Gay rights advot said also terred victims of sexual asslt om reportg crim over fears of prosecutn. Fally, 2009, the Delhi High Court overturned the ban on gay sex, but the lg only applied that specific jurisdictn, not across the untry.

INDIAN COURT OVERTURNS GAY SEX BAN

The urt orred a review of a lonial-era law restated 2013 that crimaliz sex between men. Gay-rights advot were elated but ut. * indian gay sex ban *

That early gay rights victory almost immediately faced a setback. Proponents of Sectn 377 took the challenge to India’s Supreme Court, which fully restated the ban on gay sex 2013.

INDIA'S SUPREME COURT STRIK DOWN BAN ON GAY SEX

In that 2013 cisn, the urt said that gay people ma up a “mcule actn” of India’s populatn, and left up to India’s Parliament to change the laws.

And a year later, India’s hight urt strengthened that prciple when stck down the law crimalizg gay sex. India’s gay rights advot won a major victory on Thursday — but there’s still more to do. The end of Sectn 377 won’t necsarily be embraced across India, and there’s still a lot of skepticism about gay rights outsi major urban centers and among nservative relig Hdu, Mlim, and Christian groups.

Those who wanted the law to rema place argued that sexual orientatn wasn’t nate, and that crimalizg gay sex would lead to the spread of HIV, acrdg to the New York Tim. Still, many advot terpreted this lg as layg the groundwork for a greater acceptance of gay, lbian, and transgenr people India. The qutn now is how tensely this lg might reverberate across the regn, or other untri (cludg former loni) that have siar laws crimalizg gay sex.

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India throws out ban on gay sex, but challeng rema | Rters .

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