News / Asia

Indian Supreme Court Upholds Anti-Gay Law

FILE - A view of the Indian Supreme Court building in New Delhi.
FILE - A view of the Indian Supreme Court building in New Delhi.
Anjana Pasricha
— In a major setback to India’s homosexual community, the country’s Supreme Court has upheld a 19th century law which criminalizes gay sex.  The top court’s ruling came in response to mostly religious groups which had challenged a 2009 judgment legalizing homosexuality.

A two-judge bench of the Supreme Court ruled Wednesday that a law which bans sex “against the order of nature” is constitutionally valid.  It said only parliament could change the law.

The top court’s ruling has overturned a 2009 landmark judgment in which the Delhi High Court had legalized gay sex saying that a ban on it between consenting adults infringed on fundamental rights.

Wednesday’s judgment sent shockwaves through the gay community, which denounced it as regressive.
 
Gay rights activists who led the legal battle to decriminalize homosexuality vowed to explore all channels to take their battle forward, saying the fight is not over. Many said they had been let down by the top court.

Shaleen Rakesh, a gay man, has been closely involved with the legal fight for gay rights. He says a single judgment has reversed the hopeful journey of recent years and echoed what many gays are saying across the country.  

“I am shocked to be living in a country which wants me to go back into the closet. I am not going to go back into the closet,” he said.

Anjali Gopalan, head of the Naz Foundation, which led the legal battle to overturn the ban on homosexuality, said, “I am so exhausted thinking that we’ve been set back by a 100 years. What ages are we living in?  What is this reflective of us as a culture, what does this say of us as a people? It’s bizarre that we got the judgment that we did. It’s really pathetic and sad.”   
 
Gay sex has long been frowned upon in India, but the 2009 judgment had encouraged homosexuals to come out in the open. In recent years, gay pride marches have been held in major cities like New Delhi and Mumbai, though in a country where acceptance of homosexuality is low, some participants still covered their faces during the marches.
 
Among those who had challenged the 2009 law decriminalizing homosexuality was the All India Muslim Personal Law Board. Its spokesman, Zafaryab Jilani, said Indian heritage has been upheld by the Supreme Court’s ruling.

He says things (homosexuality) which had never been accepted in India cannot be legalized. He says homosexuality is not just against Islam, but against all religions.  

With the Supreme Court saying that it is up to the legislature to take a fresh look at the law banning homosexuality, all eyes are now on the government. But with elections due next year, it is unlikely to take a stand.
    
India’s Law Minister Kapil Sibal reacted cautiously, saying the Supreme Court’s opinion must be respected. He did not say what the government’s next move would be.
 
“We have the prerogative to make laws. We shall exercise our prerogative. I am not going to extend my comments beyond that,” he said.
 
Although the law, which carries a maximum 10-year jail sentence, is seldom enforced, India’s gay community has long complained of harassment by police.

You May Like

Reports of Mass Murder on Mediterranean Smuggler’s Boat

Boat sailed from Libya with 750 migrants aboard and arrived in Italy with 569 More

Video New Thailand Hotline Targets Misbehaving Monks

Officials say move aims to restore country’s image of Buddhism, tarnished by recent high profile scandals such as opulent lifestyle, drug and alcohol abuse, as well as child sex abuse More

Study: Dust from Sahara Helped Form Bahama Islands

What does the Sahara have in common with a Caribbean island? Quite a lot, researchers say More

This forum has been closed.
Comment Sorting
Comments
     
by: James from: India
December 23, 2013 9:53 PM
India of all places should understand homosexuality and why it exists in Nature. They abundantly believe in reincarnation and you with think with any sensible logic that the spirit is not bound by the attributes of the body and the soul would live many lives as both man and women, that during these transitory periods it would take several lifetimes for this to fully occur. To punish their own people for what is naturally a byproduct of the reincarnation process is absurd, cruel and purely ignorant.

Why is that religions that glorify the soul put so much weight on the body? Souls likely are genderless having no body after you die. Why the fuss? This is cruel and ignorant.


by: Godwin from: Nigeria
December 11, 2013 8:19 AM
For once there comes a supreme court that works like it is peopled from sane society. At a time when you think everything good has been forgotten and only the bad is now in existence, hope rises from India. Thank God for the men who can stand on their feet and support their heads on their shoulders to bear their own names. However, the law minister should be clear where he stands. Presently he sounds like standing on the fence, or is afraid his masters from the west will chastise him with the cane if he did not speak from both ends of the mouth. Without necessarily being macho, men can still be men by simply making it clear where they stand on a matter, not to make it look like they are in when they are out. Kudos to India, and to all those who can still stand up to what is pure, natural and truth.

In Response

by: Jon from: United states
December 13, 2013 10:52 AM
People with closed minded shall be living out of space ....we are in time where homosexuality is now common as any other things...theres people straight people that commit real crimes and serious sins they should be punished not innocent men that decide to come out of the closet and live a happy life ....you all gays from india u have my support ...hang in there ...good always defeats bad ...the law ill change eventually . Good luck and my support to you

In Response

by: Devleena from: India
December 13, 2013 1:28 AM
You sir, are a narrow-minded god-fearing man with no respect for mankind. And seeing which country you're from, you seem thoroughly unemployed to comment on our affairs.
I'm surprised gay-rights is even an issue. Imagine two people in love and not in bed.
it's a pity our planet has such 'humans' roaming free and given the liberty of speech.
have a nice day, and mind your own country.

In Response

by: Jon from: United states
December 13, 2013 12:27 AM
Shame on u ..pure u call? Straight men having sex with women fornicating ,adutry , incest etc etc ...all human rece sin ..isnt the same to god ? Sin is a sin no matter what it is ..are you exempt of any sin ? Haha I dint think so ...ask god for forgiveness cause you sin too my man

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Astronauts Train in Underwater Labi
X
George Putic
July 25, 2014 7:25 PM
In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.
Video

Video Astronauts Train in Underwater Lab

In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.
Video

Video Not Even Monks Spared From Thailand’s Junta-Backed Morality Push

With Thailand’s military government firmly in control after May’s bloodless coup, authorities are carrying out plans they say are aimed at restoring discipline, morality and patriotism to all Thais. The measures include a crackdown on illegal gambling, education reforms to promote students’ moral development, and a new 24-hour phone hotline for citizens to report misbehaving monks. Steve Sandford reports from Bangkok.
Video

Video Virtual Program Teaches Farming Skills

In a fast-changing world beset by unpredictable climate conditions, farmers cannot afford to ignore new technology. Researchers in Australia are developing an online virtual world program to share information about climate change and more sustainable farming techniques for sugar cane growers. As VOA's Zlatica Hoke reports, the idea is to create a wider support network for farmers.
Video

Video Airline Expert: Missile will Show Signature on Debris

The debris field from Malaysia Airlines Flight 17 is spread over a 21-kilometer radius in eastern Ukraine. It is expected to take investigators months to sort through the airplane pieces to learn about the missile that brought down the jetliner and who fired it. VOAs Carolyn Presutti explains how this work will be done.
Video

Video Treatment for Childhood Epilepsy Heats up Medical Marijuana Debate

In the United States, marijuana is classed as an illegal drug by the federal government. But nearly half the states have legalized it, to some degree. Proponents say some strains of marijuana might have exceptional health benefits, for treating pain or inflammation in chronic conditions such as cancer, multiple sclerosis and epilepsy. Shelley Schlender reports on a strain of medical marijuana developed in Colorado that is reputed to reduce seizures in childhood epilepsy
Video

Video Airbus Adds Metal 3D Printed Parts to New Jets

By the end of this year, European aircraft manufacturing consortium Airbus plans to deliver the first of its new, extra-wide-body passenger jets, the A350-XWB. Among other technological innovations, the new plane will also incorporate metal parts made in a 3-D printer. VOA's George Putic has more.
Video

Video AIDS Conference Welcomes Exciting Developments in HIV Treatment, Prevention

Significant strides have been made in recent years toward the treatment and prevention of HIV, the virus that causes AIDS. This year, at the International AIDS Conference, the AIDS community welcomed progress on a new pill that may prevent transmission of the deadly virus. VOA’s Anita Powell reports from Melbourne, Australia.
Video

Video IAEA: Iran Turns its Enriched Uranium Into Less Harmful Form

Iran has converted its stockpiles of enriched uranium into a less dangerous form that is more difficult to use for nuclear weapons, according to the United Nations’ Atomic Energy Agency. The move complies with an interim deal reached with Western powers on Iran's nuclear program last year, in exchange for easing of sanctions. Henry Ridgwell reports for VOA from London.

AppleAndroid