September 20, 2018

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India: Gay Sex Is Now Legal In Asian Country (Video)

India: Gay Sex Is Now Legal In Asian Country (Video)
Jubilant Indian LGBT community outside the court
Jubilant Indian LGBT community outside the court

An Indian Supreme Court has ruled that gay sex is no longer a criminal offence in that country, overturning a 2013 judgement that upheld a colonial-era law, known as section 377, under which gay sex is categorised as an unnatural offence.
The historic decision which has polarised opinion in the Asian country ruled that discrimination on the basis of sexual orientation is a fundamental violation of rights, reports the BBC.
While same-sex campaigners cheered outside the court and many breaking down in tears as the ruling was handed down, public opinion in India’s biggest cities has been in favour of scrapping the law, while strong opposition among religious groups and in conservative rural communities have been against the new law.

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This ruling from the top court is the final say in the matter and represents a huge victory for India’s LGBT community.
The decision was delivered by a five-judge bench headed by India’s outgoing Chief Justice Dipak Misra and was unanimous.

Indian LGBT members celebrating the judgement
Indian LGBT members celebrating the judgement

Reading out the judgement, Justice Misra said:
“Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional.”
Judge Indu Malhotra who also was in favour of the new law, said she believed “history owes an apology” to LGBT people for ostracising them.

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Another judge, Justice DY Chandrachud, said the state had no right to control the private lives of LGBT community members and that the denial of the right to sexual orientation was the same as denying the right to privacy. The ruling effectively allows gay sex among consenting adults in private.
Jubilant members of the LGBT community has been celebrating the judgement as you can see in this video.

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