Thursday, July 2, 2009

Delhi High Court Legalizes Gay Sex

NEW DELHI -- In a historic ruling, an Indian court Thursday struck down parts of a British-era law that long criminalized homosexuality in the south Asian country.

The law, known as Section 377, is at odds with equal opportunity provisions in the Indian constitution, the Delhi High Court said in its ruling.

"It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual," the court said.

The court's jurisdiction includes the state of Delhi, which includes New Delhi and some surrounding areas. But Human Rights Watch, a New York-based rights group, said in a statement the decision is likely to have nationwide influence.

"This legal remnant of British colonialism has been used to deprive people of their basic rights for too long," said Scott Long, an official at the organization, which has opposed similar laws in other former British colonies.

The parts of the law struck down include consensual sex between adults. The court left intact provisions outlawing nonconsensual sex and sex involving a minor.

The decision comes at the same time that the Indian government has said it is considering legislation to decriminalize homosexuality. The ruling Thursday will remain in place until those new laws arrive, the court said.

The government can still appeal Thursday's decision to India's Supreme Court, though it remains unclear if the government will take that step.

No comments:

Post a Comment