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India: Home Affairs Minister says ‘not now’ on ordinance against gay sex ban

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  1. AS I understand it this decision to overturn the Delhi High court decision to uphold the Indian constitutions gaurantee of equality privacy and freedom was over turned by a panel of TWO of the members of the Constitutional court, one of whom was retiring the next day and the other was/is a known religious bigot. By overtutning the Delhi court decision they not only resurected a colonolial law and criminalised over 40 million of their fellow citizens but removed them from the equality of the law and protection of the constitution.
    So to remedy this they either appeal to the full Constitutional Court to reverse the decision or legislativly repeal the law, but that would only fix part of the problem it would not fix the constitutional injury inflicted by the Constitutional Court which has removed the protection of the constitution, that would require sexual orientation and gender identity to be added to the ground of sex which the court evicerated from the constitutional guarantee.

  2. In the meantime the government need to administratively ensure no-one is prosecuted under this archaic provision and re- interpetrate the wording as it is in common language to mean “sex with other species against the order of nature” as would be the common sense interpretation; it was the Victorian sensibilities about sex that enables that interpretation, what ever the original intent, and that can be done with prosecution guide lines and advice and a will to do the right thing, whilst appealing the self inflicted injury to the Constitution by the cConstitutional Court its-self.

  3. Erica Cook 15 Dec 2013, 8:15pm

    I say as a protest we all send videos to the judges with wild animals having gay sex, and ask if they’re doing it how its unnatural.

    1. As some one who was raised on a farm I can vouch for the propensity of some farm animals to engage in same sex antics and it added to my sex education and understanding of biology. As India is a rural society this cannot be lost on the observant rural populace.
      The problem with your idea is that of the TWO judges from the whole membership of the Indian Constitutional Court (of 31 judges) are in theory supposed to convene as a bench and refer issues of a *fundamental nature* or *basic constitution importance* up to a higher level of the Court known as a “constitutional bench” consisting of at least 5 or MORE judges, they did not do this. One of them was retiring the next day and the other is known to have religious fundie infection. they failed under their own rules as it is blatantly obvious that a decision to ignore the protections of the constitution and by doing so criminalise well over 40 million of their fellow citizens contrary to International Human Rights precepts is Major.

    2. GingerlyColors 15 Dec 2013, 10:50pm

      Not only that we should send pictures of images of people having sex with animals that appear on Hindu temples to those judges. An example can be found on Wikipedia at http://en.wikipedia.org/wiki/Beastiality#Religious_perspectives

      1. Whoa there! Let’s not get distracted and carried away! The real issue is the repeal of a law and peoples constitutional rights. The fight to have them reinstated is paramount… but lets not have the issue clouded with adverse publicity by exemplifying “animals in architecture” vs human nature!

        The religious fundamentalist don’t need any further fictitious arguments to distort reality of what is an injustice in this situation.

        I’m not being an ostrich, adverse to or denouncing your comment, I have marveled at the architecture myself. I just feel it is best if we stick to the issue of human nature/inclination and righting a wrong… let’s not cloud the issue with referencing/correlating unrelated aspects into the complexity of this issue.

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