Section 377

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well. what does NSG guarantees? can they save the bandra worli sea link from ANY kind of organized terrorist threat?
 
With the kind of appeasement politics in our country , i highly doubt it

It's a gamble but i safe one i think. Next elections are a long way off 🙂

Don't feel this court ruling was made without consideration of the consequences.

If push comes to shove, it will end up in the Supreme court then we'll see how the cookie crumbles.
 
what you all fail to realize is that this is INDIA and not a western country.
 
well india is a democratic country and people have fundamental rights. and right to have ones own sexual preference should be one of the rights.
 
That makes it all the more important for us to consider then how the west has ruled on this important issue. Or do we not have dreams of being a superpower one day.Democracy is also a western idea, did not stop our founding fathers from adopting it 🙂What we need to appreciate is that in the end these are all just ideas. They don't come a nationality attached.
 


funny thing. even USA has banned gay marriages. how can india do the opposite 😀
 
fundamental rights only exist when the govt thinks it is for you.the maha HC removed warrant less tapping from MCOCA but the SC revoked it.This is your fundamental rights.In our constitution the fundamental rights are there to restrict it.We dont even have right to bear arms,jury trials,cruel and unusual punishment,right to know your accuser,confrontation clause,state rights,right agasint unreasonable search and seizure etcIN usa they have federal system where the states have thier own constitution.MOst states have not recongised same sex marriage.
 
Looking at it from a religous point of view does Hindiusm have issues with homosexuality ?

AFAIK its only the muslims, catholics & evangelicals that do. Protestants have long ago made their peace.

Homosexuality: Chronology of eight year-long legal proceedings- Politics/Nation-News-The Economic Times

* Sep 26, 2008: Centre says that gay sex is immmoral and a reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.

* Oct 15, 2008: The High Court pulls up the Centre for relying on religious texts to justify ban on gay sex and asks it to come up with scientific reports to justify it.

Excellent, the debate has already moved past religon and into reason.

* Sep 25, 2008: The gay rights activists contend that the government cannot infringe upon their fundamental right to equality by decriminalising homosexual acts on the ground of morality.

This is looking to be pretty water tight 🙂
 
Government's Next Resolutions:Man with Monkey, goat, pigs , horse. why do the govt. want to legalize it ? I strongly agree with what Amish said, if u legalize it, then it would make more people to think abt it and experiment them. it is strongly not advisable for young gen.
 
Yes, fundamental right gives us right to do anything with our body. Its my body and I can do anything.Religious text books are fake. Who has even seen saints? There is no saint in current world so saints never existed so no question of religious books to be right. Be scientific. Science say gays exist so gays are right. And they have this fundamental right that I mentioned in above para.Democracy ki Jai Ho.
 
whats next a female who is raped demands to return the favour so that their is equality?bullocks i sayI dont understand that you are fine with rights not being absolute but fine with this which contributes nothing to the society but corrupts it.
 
whats next
a female who is raped demands to return the favour so that their is equality?


one more, whats next.

Man charges man for rape! I can clearly see this happening by the time I am old.
 
Yes, fundamental right gives us right to do anything with our body. Its my body and I can do anything.


There's more to it ...

“Discrimination is antithesis of equality,” Delhi High Court judges wrote in a 105-page decision that is the first in India to directly guarantee rights for gays and lesbians. “It is the recognition of equality which will foster dignity of every individual,” the decision said.

In their decision, Chief Justice A. .P Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of key parts of India’s Constitution.

The law violates
- Article 14, which guarantees all people “equality before the law;”
- Article 15, which prohibits discrimination “on grounds of religion, race, caste, sex or place of birth;” and
- Article 21, which guarantees “protection of life and personal liberty” they said.

The ruling applies only to India’s capital city but it will force the national government to either appeal the decision to the Supreme Court or repeal the law nationwide, lawyers said.

Source

The bottomline of this ruling is that it makes the govt. effort to tackle AIDS much easier now.

the National AIDS Control Agency argued in late July that Section 377 poses a public health risk by driving gay men underground and impeding efforts to prevent the spread of AIDS. Section 377 is rarely now used to prosecute gay adults engaged in consensual sex, lawyers and activists say, but it remains a whip with which to threaten, blackmail and jail suspected gay men and lesbians where they gather — in parks, bars and even, on occasion, on the Internet. Strictly speaking, the statute makes it illegal to distribute condoms to gay men or in Indian prisons.

The campaign to repeal Section 377 reflects a confluence of broad changes sweeping this country, from health concerns and urbanization in India to a growing awareness about India’s place in the world. A preface to the open letter, written by Amartya Sen, the Nobel laureate and economist who is now a professor at Harvard, calls the law, codified in 1861, “a colonial-era monstrosity.”

“That, as it happens, was the year in which the American Civil War began, which would ultimately abolish the unfreedom of slavery in America,” he wrote. “Today, 145 years later, we surely have urgent reason to abolish in India, with our commitment to democracy and human rights, the unfreedom of arbitrary and unjust criminalization.”

Source
 

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