A Delhi court this week, ruled that homosexual acts between consenting adults are legal in India. The landmark judgment by the Delhi High Court was hailed by the country’s gay community but drew fire from religious leaders.
- Gay activists had gathered at the court dressed in colourful attire, some with their faces painted and others wearing masks, and cheered and shed tears of joy as the judgment was pronounced.
- They waved posters saying “Legal Homosexual”, “Accept, appreciate differences”, and “Queer and Proud”. Another read: “I am the pink sheep of the family”.
- In its ruling yesterday, the Delhi court said that the law violated Article 21 of the Constitution — equal opportunity of life and equality before law — and that sex between consenting adults should be legalised.
- Quoting the country’s first prime minister Jawaharlal Nehru, Chief Justice Ajit Prakash and Justice S. Muralidhar said: “Equality and inclusiveness are the tenets of the Constitution.”
- The Constitution guaranteed homosexuals rights equal to what other citizens enjoyed, they ruled.
- The verdict came in response to a petition filed nine years ago by the Naz Foundation (India) Trust, a Delhi-based NGO which spreads awareness about Aids, and Voices Against 377, a gay activist group that was seeking decriminalisation of homosexuality.
- But a priest, Father B. Stephen, opposed the decision. “It is against Indian culture and family values,” he said. “The Catholic Church will never accept it.”
- On the same token, Purushottam Narain Singh, an official of the Vishwa Hindu Parishad, or World Hindu Council, said: “We are totally against such a practice as it is not our tradition or culture.”
- Muslim cleric Maulana Khalid Rashid also said homosexuality is against Islam and other religions. “There is no need to legalise homosexuality,” he said.
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