INDIA: Supreme Court bans same sex-sex.

[Danno 1,228]

Indian Court Reinstates Law Banning Gay Sex Supreme Court Rejects 2009 Ruling by Delhi High Court.

NEW DELHI—India's Supreme Court on Wednesday overturned a lower court's ruling that had decriminalized gay sex, a surprise setback for the gay-rights movement in this largely conservative country.

In 2009, the Delhi High Court ruled that a 19th-century provision in the nation's penal code that effectively banned gay sex shouldn't apply to consensual acts.

On Wednesday, the Supreme Court rejected that decision, saying the old law was still constitutionally valid and could only be changed or erased by Parliament, not the courts.

Rights groups say the law—known as Section 377 for its place in a 150-year-old Indian penal code—had been used for decades to harass homosexuals.

"We hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High court is legally unsustainable," the two supreme-court judges who presided over the case said in their 98-page judgment, released late Wednesday.

People across India were shocked by the decision. Most legal experts and activists had expected the country's highest court to uphold the landmark decision, which had been seen as a crucial first step in empowering India's gay community.

"I think this is a dark day for the constitution," said Gautam Bhan, a gay-rights activist and Delhi-based urban planner who came to India's Supreme Court on Wednesday expecting to celebrate. "Never before has a Supreme Court taken away an expansion of rights to Indian citizens and reversed a move toward inclusion."

The Indian government had no official reaction to the judgment Wednesday. Some officials said they needed more time to study the court decision.

Snip......

http://online.wsj.com/news/articles/SB10001424052702304014504579251302477470782

[Gary and Alla 3,694]

Indian Court Reinstates Law Banning Gay Sex Supreme Court Rejects 2009 Ruling by Delhi High Court.

NEW DELHI—India's Supreme Court on Wednesday overturned a lower court's ruling that had decriminalized gay sex, a surprise setback for the gay-rights movement in this largely conservative country.

In 2009, the Delhi High Court ruled that a 19th-century provision in the nation's penal code that effectively banned gay sex shouldn't apply to consensual acts.

On Wednesday, the Supreme Court rejected that decision, saying the old law was still constitutionally valid and could only be changed or erased by Parliament, not the courts.

Rights groups say the law—known as Section 377 for its place in a 150-year-old Indian penal code—had been used for decades to harass homosexuals.

"We hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High court is legally unsustainable," the two supreme-court judges who presided over the case said in their 98-page judgment, released late Wednesday.

People across India were shocked by the decision. Most legal experts and activists had expected the country's highest court to uphold the landmark decision, which had been seen as a crucial first step in empowering India's gay community.

"I think this is a dark day for the constitution," said Gautam Bhan, a gay-rights activist and Delhi-based urban planner who came to India's Supreme Court on Wednesday expecting to celebrate. "Never before has a Supreme Court taken away an expansion of rights to Indian citizens and reversed a move toward inclusion."

The Indian government had no official reaction to the judgment Wednesday. Some officials said they needed more time to study the court decision.

Snip......

http://online.wsj.com/news/articles/SB10001424052702304014504579251302477470782

Some random observations

1. I doubt that it will stop people from having sex with others of the same sex if they want to. Just a hunch.

2. They need Obama. Obama don't need no stinkin' Parliment! He will just send out a memo

3. Obama will say nothing about it for fear of ticking off Putin.

[Trumplestiltskin 5,791]

Naturally, and yes it is. But it deserves some passing ridicule.

[Darnell 8,479]

Danno ! Thanks for the report !

How do you feel about this limitation being re-instated ?

[OnMyWayID 1,489]

I like the decision.. Courts shouldn't make law.. This one corrected a past mistake and passed the problem back to those responsible... They can now get a backbone and fix it.

[Trumplestiltskin 5,791]

I think we know that he's in favour of it.

[TBoneTX 46,209]

One post and a quote of it removed for inappropriate language and baiting. Please discuss the topic rather than one another.

[Trumplestiltskin 5,791]

Obama has nothing to do with topic... Does he?

[OnMyWayID 1,489]

Obama has nothing to do with topic... Does he?

It's like the seven degrees of Kevin bacon game.. Just need to be creative.

[Penny Lane 8,159]

One post and a quote of it removed for inappropriate language and baiting. Please discuss the topic rather than one another.

Obama isn't the topic.

And neither is "posting on VJ from work" but it's mentioned in multiple threads daily, and never is considered baiting.

Funny that.

[mota bhai 2,675]

I like the decision.. Courts shouldn't make law.. This one corrected a past mistake and passed the problem back to those responsible... They can now get a backbone and fix it.

Parliament won't fix it. Indian society isn't ready to take that leap just yet. Maybe in 50 years. For now, there's more pressing issues to address like crumbling law and order and government corruption and insecure borders and ... yeah. LGBT stuff is gonna have to wait.

Edited December 15, 2013 by mota bhai

[OnMyWayID 1,489]

Edit: Self censor.. Hi everyone!

Edited December 15, 2013 by OnMyWayID

[lostinblue 1,989]

Many places have more worries than gay rights.....

Edited December 15, 2013 by lostinblue

[Danno 1,228]

Some random observations

1. I doubt that it will stop people from having sex with others of the same sex if they want to. Just a hunch.

Likewise laws against cocaine do not 100% stop it's use.

[Danno 1,228]

Danno ! Thanks for the report !

How do you feel about this limitation being re-instated ?

The story would seem to have several angels to it, one could agree or not with some or all.

It would seem their Supreme Court has at least some understanding that courts, don't write laws.

It would also seem the striking down of the criminality of of homosexual acts are out of step with most people, it's rarely a good thing when a few decide social issues for the many.

I tend to approve the move to outlaw such behavior.... as well as other acts which are often socially considered

unnatural or just weird...including sex between family members.