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Indian Supreme Court Upholds Verdict Criminalizing Gay Sex

India's Supreme Court today upheld its December verdict which restored colonial era sodomy laws to the nation, Bloomberg reports:

IndiaA two-judge bench of the Supreme Court headed by H.L. Dattu today refused to review its December verdict that reversed a 2009 order of a lower court that had decriminalized same-sex intercourse between consenting adults.

The government and rights activists submitted that criminalizing gay sex amounts to a miscarriage of justice to the gay, lesbian and transgender communities. The top court in its December ruling had said it is up to lawmakers to amend the existing law if they want.

The India Times adds:

IndiaSeeking a stay on the operation of the judgment, gay rights activists, including NGO Naz Foundation, had said thousands from the LGBT community became open about their sexual identity during the past four years after the high court decriminalized gay sex and they are now facing the threat of being prosecuted.

They had submitted that criminalizing gay sex amounts to violation of fundamental rights of the LGBT community.

The NGO had submitted there are a number of "grave errors of law" and "wrong application of law" in the judgment which needs to be corrected.

"This court has failed to consider the submission that Section 377 violates the right to health of men who have sex with men, since criminalization of same sex activity impedes access to health services, including HIV prevention efforts. This contention was supported by the ministry of health and family welfare in this court," the review petition had said.


Leading Indian Psychiatrist Calls Homosexuality 'Unnatural,' Says Orientation Can Be Changed

A high-profile Indian psychiatrist is making headlines for controversial remarks describing homosexuality as “unnatural” and something that can be changed with psychiatric help.

Indira SharmaDr. Indira Sharma, the immediate past president of the Indian Psychiatric Society, made the comments during a recent panel discussion on the Indian Supreme Court’s ruling last month recriminalizing gay sex. In an interview with The Times of India, Sharma reiterated her statements:

"The manner in which homosexuals have brought the talk of sex to the roads makes people uncomfortable. It's unnatural. Our society doesn't talk about sex. Heterosexuals don't talk about sex. It's a private matter," the Banaras Hindu University teacher told TOI on phone.

The paper added:

Asked about the speech, Sharma said her main concern was for homosexuals [who] aren't comfortable with their sexuality. "There are some who are comfortable, but there are many who are not. The latter should realize they can get help (from psychiatrists). Some of them may even be able to change their orientation," Sharma said. She added that those comfortable with their orientation should be made aware that their behaviour was causing a lot of uneasiness in society.

Gay rights activists in the country say Sharma’s comments were surprising, particularly in light of the fact that the IPS had a written policy position in 2009 supporting the Supreme Court’s ruling at the time decriminalizing homosexuality.  


Indian Poster Calls For Arrest And Execution Of 'Homosexual Terrorists'

Amid the national outcry against the Indian Supreme Court's ruling which put back into place an 1861 law criminalizing same-sex intercourse, the city of Madurai has found fliers posted in public calling for the arrest and execution of gay people and their supporters.

DeathThe LGBT Indian blog Gaylaxy reports:

The message from the [Indian National League, a Muslim political party]... is addressed to both the Central and State governments, and requests them to immediately arrest and detain members of the LGBT community and their supporters, and refers to activists as ‘homosexual terrorists’...

First, it mentions that freedom of expression was being abused by the LGBT community- hence Section 377 of the IPC should be in place. Second, being the most extreme message advocated by it, it calls for an extension of the punishment advocated under the Section, and requests that it be rectified from 10 years imprisonment to capital punishment. Third, it reflects and repeats the age-old tune of religious parties in calling homosexuality a crime against traditional values. The poster includes a cautionary footnote from the Quran, quoting it as saying that “if a society does not destroy the evils in it, it will inevitably bear its consequences”.

Despite the forbidding of gay sex in the Quran, Muslims such as openly gay American Imam Daayiee Abdullah are actively challenging homophobic elements within Islamic culture.

Shortly after India's Supreme Court ruling, the UN Human Rights Chief, the Indian government and elected officials all urged quick action to decriminalize homosexuality once more, as was done in a lower court ruling in 2009.


Bollywood Actor Tackles The Homophobic Indian Man: VIDEO

Imran

Earlier this month, the Indian Supreme Court reinstated a penal code from the British colonial era that explicitly criminalizes gay sex. In the wake of this shocking decision, Bollywood actor Imran Khan, who has a substantial gay following in India, took the opportunity to address some mistaken notions about homosexuality in a new video, FirstPost.com reports. In the clip, the actor poses as a sex advice columnist of sorts and answers viewers' questions (which were sent to "imransanswersstupidquestions@gmail.com") about homosexuality.

Check out the (somewhat work unfriendly result) AFTER THE JUMP...

Continue reading "Bollywood Actor Tackles The Homophobic Indian Man: VIDEO" »


Bryan Fischer: Obama Admin. Arrested Indian Diplomat as 'Payback' for Anti-gay Supreme Court Ruling - VIDEO

Screen Shot 2013-12-22 at 12.21.52 PM

On last week's radio broadcast, American Family Association spokeshater Bryan Fischer weighed in on the controversial arrest of an Indian diplomat in the U.S., claiming that it was really just a way for President Obama to punish India for the country's Supreme Court ruling outlawing homosexuality.

Right Wing Watch reports that Fischer, who is a big supporter of India's move to re-criminalize gay sex, went on to blast Obama for 'insulting' Russia's anti-gay propaganda law by hand-picking gay athletes like Billie Jean King as part of the U.S. delegation to the Sochi Olympics. 

Watch, AFTER THE JUMP...

Continue reading "Bryan Fischer: Obama Admin. Arrested Indian Diplomat as 'Payback' for Anti-gay Supreme Court Ruling - VIDEO" »


Indian Government Asks Supreme Court to Reverse Anti-Gay Law

BY FAINE GREENWOOD / Global Post

The Indian government has filed a petition to the Supreme Court arguing against its newly reinforced ban on homosexual acts, claiming that the move "violated the principle of equality."

Protest_indiaIndia's Supreme Court ruled to uphold a colonial-era law that could punish homosexual acts with long-term imprisonment on December 11th, a decision that was criticized by many inside and outside of India.

India's government sent a review petition to the Supreme Court requesting that it review the legal decision, calling the choice "unsustainable," according to the Times of India.

The petition claims that the Supreme Court ruling “suffers from errors apparent on the face of the record, and is contrary to well-established principles of law laid down by this court enunciating the width and ambit of Fundamental Rights under Articles 14, 15 and 21 of the Constitution," per Al Jazeera.

Union Minister for Communications & Information Technology Kapil Sibal Tweeted in favor of the petition today:

The court's decision earlier in the month overturned a 2009 Delhi High Court ruling that decriminalized gay sex, upholding instead a colonial-age law that deemed such acts an "unnatural offence," wrote the BBC.

(image via facebook)


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