Indian court overturns gay sex ban

Indian court has today decriminalised homosexuality in Delhi
Indian court has today decriminalised homosexuality in Delhi
 

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Thursday, 02, Jul 2009 11:51

In a landmark ruling, an Indian court has today decriminalised homosexuality.

Delhi high court judges ruled the law banning homosexual acts was discriminatory and a "violation of fundamental rights".

Thursday's ruling overturns a century-old law which prohibited "carnal intercourse against the order of nature" and saw homosexual acts punishable with as much as a ten-year prison sentence.

The decision to overturn the ruling is the first time India has directly guaranteed rights for gays and lesbians.

While the previous law, known as Section 377, had rarely been used to prosecute gay men and women, it had been used to harass and in some cases jail people.

Gay rights groups around India have welcomed the announcement by the high court judges.

"I'm so excited and I haven't been able to process the news yet," Anjali Gopalan, the executive director of the Naz Foundation (India) Trust, told the Associated Press.

"We've finally entered the 21st century."

Some though have warned a stigma against gay people still exists, while a number of religious leaders have condemned the decision.

"This Western culture cannot be permitted in our country," said Maulana Khalid Rashid Farangi Mahali, a leading Muslim cleric.

The ruling only applies to Delhi but is expected to be implemented across the country, if it is not challenged in India's supreme court.


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