India: Delhi High Court overturns ban on homosexuality

by: Pam Spaulding

Thu Jul 02, 2009 at 10:00:00 AM EDT

This is incredible news, as Section 377 of the Indian Penal Code has been repealed in the world's second most populous country. Under the code, one could receive 10 years in prison for "sex against the order of nature." (Reuters):

he Delhi High Court on Thursday ruled gay sex was not a crime, a verdict that will bolster demands by gay and health groups that the government scrap a British colonial law which bans homosexual sex.

In a country where public hugging and kissing even among heterosexuals invites lewd remarks and sometimes beatings, gay sex has been a taboo, leaving the government unsure how conservative Indians would react if the law was repealed.

The court's ruling that homosexual sex among consenting adults is not a crime is expected to boost an increasingly vocal pro-gay lobby in India that says the British-era law was a violation of human rights.

1. What does Section 377 say? Glad you asked: "377. Unnatural Offences - Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section."

2. What did this Delhi High Court ruling do? It "read down" Section 377 -- at minimum, within the National Capital Territory of India -- so that Section 377 no longer applies to the activities of consenting adults.

3. What about the rest of India? It certainly carries weight there but is, at the moment, legally binding only in the National Capital Territory. What could happen next is that (A) the national government could appeal the ruling to India's Supreme Court, (B) the national government could accept the ruling and not appeal it, (C) the national government could accept the ruling and use it as ammo to introduce a bill in Parliament to duplicate the ruling in national law, and/or (D) anti-gay parties to the lawsuit could appeal to the Supreme Court. Regardless, gay sex is now legal in India's National Capital Territory and, as the Queer Media Collective put it: "This is the first time a court as senior as this, with such respected judges, has given a decision on homosexuality. Because of that it sends a powerful signal to the legal establishment across the country. We are confident that judges, lawyers and police officers across the country will understand and follow the Delhi High Court's lead."

4. Were there any tasty bits in the ruling? Is the pope Catholic? The ruling is delicious. Here are my favorite parts:

The criminalisation of homosexuality condemns in perpetuity a sizable section of society and forces them to live their lives in the shadow of harassment, exploitation, humiliation, cruel and degrading treatment at the hands of the law enforcement machinery. The Government of India estimates the MSM [men who have sex with men] number at around 25 lacs. The number of lesbians and transgenders is said to be several lacs as well. This vast majority (borrowing the language of the South African Constitutional Court) is denied "moral full citizenship". Section 377 IPC grossly violates their right to privacy and liberty embodied in Article 21 insofar as it criminalises consensual sexual acts between adults in private. These fundamental rights had their roots deep in the struggle for independence and, as pointed out by Granville Austin in "The Indian Constitution - Cornerstone of A Nation", "they were included in the Constitution in the hope and expectation that one day the tree of true liberty would bloom in India".

Over a billion people...and one of them is a Bozell.

by: Blood From Machines

Sat Jan 06, 2007 at 01:07:49 AM EST

Indian court hears Bollywood kiss complaint
MUMBAI (AFP) - A court in central India has heard statements from a lawyer complaining that an on-screen kiss by Bollywood belle Aishwarya Rai and co-star Hrithik Roshan contravened the country's strict laws against obscenity.

The court in the city of Indore recorded statements from a local lawyer, Shailendra Dwivedi, who filed the complaint over last year's biggest Bollywood grossing film, "Dhoom 2" (Have a Blast 2).

The case is set to be heard on January 25.

"I have already submitted details of the film, the controversial scene, alongside newspaper write-ups and photographs," Dwivedi, a self-confessed moral conduct crusader, told AFP Friday.

"My conscience made me file this case. The movie cannot be watched by Indian families as it depicts vulgarity," he said.

His complaint is based on section 292 (vulgarity) and section 509 (derogatory to women) of the Indian Penal Code, and states that "Dhoom 2 lowered the dignity of Indian women and gave an obscene message to India's youth".

In the movie, Hrithik kisses former Miss World Aishwarya inside a house, just after a Brazilian carnival sequence. Although many Bollywood productions feature raunchy dance scenes, actual kissing is rarely shown on-screen.

The film, a sequel to the hit biker-gangster film "Dhoom", collected 1.65 billion rupees (37 million dollars) worldwide.

Dwivedi has in the past filed a case against Bollywood director J.P. Dutta's "LoC Kargil" after the Indian flag was shown wrongly draped.

He has also filed a case against famed Indian painter M.F. Husain for painting Hindu goddesses in the nude.

1. Does Bollywood have its own rating system?

2. A frigging kiss?  Believe it or not, there are some who are irritated by kissing scenes in movies...no matter if it's with hets or 'mos.  Mr. Dwivedi would freak out if he watches late-night Cinemax or even Logo.

3. The only thing vulgar is the frivolous lawsuit filed by Dwivedi.

4. People should realize that they shouldn't care about the conscience of others if it infringes on the liberties of people.