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Court in India scraps colonial sodomy laws

by Editorial Staff in General , 02 september 2009


A judicial court in the Indian capital Delhi has ruled that homosexual acts between adults are no criminal acts. With this historic ruling the court overturned the one-and-a-half century old colonial sodomy legislation. The gay community in India says this is India’s Stonewall but the ruling will most probably be challenged.

The sodomy legislation has been in place for 148 years and was introduced by the British colonial government and outlaws homosexual sex as ‘unnatural criminal behavior’ to be punished by a maximum jail sentence of ten years.

The court ruled now that to criminalize homosexual sex is discriminatory and violates fundamental rights. The old colonial law is said to clash with the equality principle of the Indian constitution.

“This is India’s Stonewall - we are excited!” says gay activist and lawyer Aditya Bandopadhyay. ‘I think this ruling will make it possible for us to obtain fundamental civil rights that have until now always been held from us.” He praises the ruling and says it was ‘magnificently written and restored our faith in our judicial system.’





 







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