Tuesday, July 21, 2009
Is reading down of Section 377 of the IPC a step in the right direction?
Its official now! After a very long and relentless struggle by the gay community and the human rights activists including certain organisations such as the Naz foundation(petitioner in this case), the Delhi High court has read down Section 377 of the Indian penal code to allow for Consensual sex between consenting adults. It is definitely a step further as far as gay rights in India is concerned. It is also most likely a positive development insofar as the human rights activists are concerned. Amidst all these developments what needs to be determined is what does this judgement mean for the common people? How does it affect us? These are some of the questions which came to my mind as i was going through this judgement, that is the Naz foundation judgement. Before these questions can be answered one needs to take a position on the issue of section 377 of the IPC as to whether its reading down is a step in the right direction insofar as the entire society is concerned? Or is it not really something right in the first place?( read immoral, against the interests of people-health etc).
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2 comments:
Well yes, but the important issue also is that the matter lies before the Supreme Court at present (which has refused to stay the High Court judgment). Also, what may be prudent to keep in mind is that the decriminalisation of homosexuality must lead the way for a recognition of other substantive rights for the community. Nice post btw. :)
thank you Kunal...one just hopes that SC realises the wisdom of giving the Indian Citizens freedom to choose...
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