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India: Former Commonwealth Human Rights Head condemns gay sex ban

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  1. Robert in S. Kensington 11 Dec 2013, 8:26pm

    In the absence of any Commonwealth reform, it’s about time we had a serious discussion in this country to abolish this anachronism. We put in more than we get out of it. It’s a drain on the economy as well as tax payers. All of the aid could be reinvested at home in education, housing, infrastructure, R&D, energy and essential services. If anything is worthy of a referendum it’s this. I’m sick and tired of these backward countries denying basic human rights to an already oppressed minority. Either play by our rules if you want to remain a member and continue to received aid, or get booted out.

    1. A hysterical reaction. Please get a grip. India is one of the fastest growing economies in the world and doesn’t need UK subsidies, which are being phased out anyway. It is very likely that the Indian parliament will now tackle this matter, as it should have done in the first place. If anything, this judgement has concentrated minds. There is no going back to the colonial past for India, she will embrace her destiny as the world’s greatest democracy.

  2. Having sex with a person of the opposite sex is against the order of nature for a gay person, make this a slogan for the Indian gay minority and plaster it everywhere.

  3. For the last 4 years this odious law was abolished, it was resurrected by the Constitutional Court contrary to the highest law in India, The Constitution. The Supreme Court took the view that a section of the Indian penal code dating back to the nineteenth century that outlawed sexual acts ‘against the order of nature’ took precedence over the right to equality in the constitution. ““The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
    There would seem to be a conflict there, and they decided to come down on the side of making gay people criminals, liable to 10 years jail!! Some Guarantee of equal protection !
    We are taking about tens of millions of people here, not that that should matter – if one person is denied equality, all are at risk.

  4. This case was decided by two judges. Look into the judges. Remember Section 377 was used (and now will be used again) by police to sexually assault and extort money from LGBT people. Corruption is known to exist in law enforcement of which judges are a part. If the India Constitution doesn’t protect everyone then its Equal Protection under Law article is meaningless which guts any reason for anyone to maintain the rule of law. Notice how the people experiencing human rights violations have yet to vote on the people causing the human rights violations?

    1. Frank Boulton 14 Dec 2013, 7:35am

      Good point. I wonder if political parties in India are concerned about persuading LGBTI voters to vote for them.

  5. Parliament should simply repeal the archaic section.

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