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04/19/2007


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)


Indian Politico Wants American Gays Arrested in Retaliation for Arrest of Indian Diplomat in U.S.: VIDEO

Sinha

An official in India’s largest opposition party said on Monday that India should retaliate for last week's arrest of an Indian diplomat in the U.S. by arresting the partners of gay U.S. diplomats and throwing them behind bars, citing the recent decision by the Indian Supreme Court recriminalizing gay sex.

NDTV reports:

Senior BJP leader Yashwant Sinha raised eyebrows on Tuesday with a comment that after the arrest and alleged mistreatment of diplomat Devyani Khobragade in the US, India should reciprocate by arresting the same sex companions of American diplomats using a Supreme Court verdict that restored a ban on gay sex last week.

"My suggestion to the Government of India is, the media has reported that we have issued visas to a number of US diplomats' companions. 'Companions' means that they are of the same sex. Now, after the Supreme Court ruling, it is completely illegal in our country. Just as paying less wages was illegal in the US. So, why doesn't the government of India go ahead and arrest all of them? Put them behind bars, prosecute them in this country and punish them," Mr Sinha said.

Watch Sinha's remarks, AFTER THE JUMP...

India has retaliated in a different way, however, CBS News reports:

Indian diplomat Devyani Khobragade was stripped searched after being charged with paying her nanny less than minimum wage and committing visa fraud to get her into the U.S. In retaliation, the Indian government removed security barriers from outside the U.S. embassy, and is demanding answers from the U.S. ambassador.

Watch CBS News' report, AFTER THE JUMP...

Continue reading "Indian Politico Wants American Gays Arrested in Retaliation for Arrest of Indian Diplomat in U.S.: VIDEO" »


Right-Wing Hindu Group Wants Liquor Ban, Mandatory Moral Education to Stop 'Imported Disease' of Homosexuality

Like the west, India has its nutty right-wing religious groups and they're just as insane against same-sex marriage and homosexuality. Vishva Hindu Pariṣad, a Hindu right-wing group, is petitioning the government to take action to enforce the recent Supreme Court ruling there:

VhpIn a memorandum to President Pranab Mukherjee and Prime Minister Manmohan Singh, VHP said that the government should treat the spread of the "imported disease" by putting a complete ban on liquor and making moral education mandatory.

Ridiculing the widespread criticism of the SC order which had struck down a Delhi High Court order decriminalising gay sex, the right-wing organisation said homosexuality was "against Indian culture and values".

BJP has also favoured the verdict upholding Section 377 of the IPC, saying it would not support any "un-natural act".



Thousands Rally Across India to Protest Supreme Court's Ruling Criminalizing Gay Sex: VIDEO

Protest

Earlier today, thousands of protesters took to the streets of New Delhi, Mumbai and other cities to protest the high court's decision Wednesday to uphold a law that criminalizes same-sex relations. Al Jazeera reports that many protesters wore black arm bands and carried rainbow-colored flags and banners that read "No going back!"

"It's my fundamental right to decide who I should love," said Rohan Mehta, a New Delhi-based businessman who was among the demonstrators on Sunday. "I will not let the court deprive me of my rights."

Activists on Sunday said the ruling had evoked anger and dismay across the country, and said they were in the process of taking legal steps to undo the court's decision.

India's federal government is also reportedly considering passing quick legislation to overturn the Supreme Court verdict.

Top ministers of India's Congress-led Progressive Alliance (UPA) indicated on Friday that the government may negate the court's judgement through an ordinance, a shortcut way to pass a law without parliamentary discussion.

Check out footage from the protests and a few more photos AFTER THE JUMP...

[Photos via Facebook]

Continue reading "Thousands Rally Across India to Protest Supreme Court's Ruling Criminalizing Gay Sex: VIDEO" »


Indian LGBT Activists Plan 'Global Day of Rage' Over Supreme Court Ruling: VIDEO

Globalday

Activists are organizing events in reaction to the Indiana Supreme Court verdict recriminalizing gay sex starting with a march at Jantar Mantar (the protest zone of New Delhi, Capital of India) on December 15, this Sunday.

Write the organizers:

On December 11th, 2013, The Supreme Court of India reinstated the Criminality of Homosexuality in India. This Judgment has inspired anger across different sections of society around the world. While the legal battle continues, it is important that we make our voices heard. Loud and Clear.

This Judgment is not about any one community in any one country but about the hegemonic structures that oppress many across the world. It is a blow to the various other LGBTIQ communities across the world who might have taken strength from the Indian story to challenge laws/social norms/prejudices that criminalise homosexuality in their own countries. It is time we begin to heal this lasting scar of colonialism. It is time we are given the space and freedom to pursue the work of fundamental social change which is made impossible with a law such as Sec. 377 of the Indian Penal Code choking us.

Gather your friends, lovers and anyone else who is enraged by this injustice. Make your voices heard.

A list of events around the world (so far Chennai, Delhi, Kolkata, Ann Arbor, Cambridge, London, Sydney, and Toronto) can be found on the organizers' Facebook page.

Watch lawyer and activist Gautam Bhan talk about the LGBT community's demands at the Section 377 verdict press conference, AFTER THE JUMP...

Bhan

Continue reading "Indian LGBT Activists Plan 'Global Day of Rage' Over Supreme Court Ruling: VIDEO" »


UN Human Rights Chief Speaks Out Against India's Supreme Court Decision Recriminalizing Gay Sex

Screen Shot 2013-12-12 at 6.12.58 PMThe head of the United Nation's human rights division has denounced the Supreme Court of India's ruling re-criminalizing gay sex, saying the decision violates international human rights laws. RTT News reports:

"Criminalizing private, consensual same-sex sexual conduct violates the rights to privacy and to non-discrimination enshrined in the International Covenant on Civil and Political Rights, which India has ratified," said UN High Commissioner for Human Rights Navi Pillay.

The Supreme Court's decision, she added in a news release, represents "a significant step backwards for India and a blow for human rights."

Indian government officials have vowed to take action against the ruling.  


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