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India Makes A U-turn On Gay Sex Marriage Ban - Family - Nairaland

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India Makes A U-turn On Gay Sex Marriage Ban by scubed(m): 10:44am On Dec 12, 2013
Some people in India are still yet to understand the change in decision. Many people including legal experts and activists feel the country’s highest court should have upheld the landmark decision, which had been seen as a crucial first step in empowering India’s gay marriage.
India Makes A U-Turn On Gay Sex Marriage BanIn 2009 the Delhi High Court in India ruled unconstitutional a section of the penal code dating back to 1860 that prohibits “carnal intercourse against the order of nature with any man, woman or animal” and lifted the ban for consenting adults.
Recently, India has been struggling with the issues about the safety of women within its borders following the gang rape and murder of a student in the capital last December. There have been different records of rape in the country, and this has been a headache for the people of India and the government in recent times.
“We hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High court is legally unsustainable,” the two supreme-court judges who presided over the case said in their 98-page judgment, released late Wednesday.


“The judgment would need to be studied, understood, internalized,” said Manish Tewari, India’s information and broadcast minister, in a televised interview. “And if at all there is something Parliament needs to do in this matter, Parliament would definitely look into it
India Makes A U-Turn On Gay Sex Marriage BanPresently, many people across India had taken to the social media and street to protest against a surprising Supreme Court verdict on Wednesday reversing the judgment that had decriminalized gay sex in India.
The crowd gathered at the Jantar Mantar, a preferable point for demonstrators in Delhi, India’s capital. Among the crowd are young men and women expressing their frustration and disappointment at the Supreme court ruling; waving multicoloured flags and wearing black bandanas.
“It’s a black day for us,” said Anjali Gopalan, the executive director of the Naz Foundation, a Delhi-based NGO that works on sexual health and led the consortium of advocacy groups defending the 2009 judgment.
“I feel exhausted right now, thinking that we have been set back by 100 years.”
Vikram Seth, the Indian prize-winning novelist, said he was hopeful. “Today is a great day for prejudice and inhumanity and a bad day for law and love. But law develops and love is resilient and prejudice will be beaten back,” he told the NDTV news channel.
“I wasn’t a criminal yesterday but I’m certainly a criminal today … But I do not propose to take the permission of their lordships when deciding who to love and who to make love with
Expectedly, some people are in total support of the supreme court ruling, Tanuja Thankur, a Hindu spiritual leader, who is among the supporter of the ruling, told the guardian “When two people of same sex indulge in a physical activity, it goes against nature. And anything unnatural is criminal in nature.”
India Makes A U-Turn On Gay Sex Marriage BanHe further said homosexuality was “happening because society is not doing enough spiritual practice”.
What is your take; do you agree that with the protesters’ argument or you feel Tanuja Thankur, who represents the support of this ruling is right?

Read more at http://www.yomi.ashiru.me/2013/12/12/india-makes-u-turn-gay-sex-marriage-ban/#axMIsDJTVgtlvYTM.99

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