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Indian Supreme Court defends anti-gay ruling after government criticism

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  1. So who actually makes the laws in India, politicians of judges?

    Seems to me that the judges are in charge and what an outdated lot they are too.

    1. Who makes laws in any democracy elected representatives or judges?

      What “seems to you” is not the issue here. It’s what’s legal and what’s not. The Indian Supreme Court hasn’t passed a ruling on how “fashionable” or “in vogue” the Section 377 of the Indian Penal Code is – merely its Constitutionality.

  2. 1Niagaran 3 Jan 2014, 2:12pm

    I’ve just cancelled my tour of India.

    1. A rather pointless knee-jerk reaction, don’t you think?

    2. Nobody cares!

  3. I think the Court has a point; if the ministers are so (rightly, in my opinion) excercised about the ruling then they should CHANG4 THE BLOODY LAW THAT INDIAN GOVERMENTS HAVE BEEN SO HAPPY WITH SINCE 1947!!

    1. I agree. That law needs repealing. The point of contention though is the Supreme Court actually supported the idea that 377 is NOT unconstitutional. So if that is the case, it means India’s government needs to look not just at repealing 377, they must also look at their constitution as well, so the courts will no longer support antiquated human rights busting legislation. That is a longer road, but a much more progressive and secure stance on marriage equality.

      1. The Supreme Court said the law is not un-Constitutional and it is quite right in that. Legally speaking there is nothing contradictory in making gay sex illegal and the failure of the gay advocates to demonstrate harm or prejudice caused by this law is one of the reasons they were unable to overturn it and argue that it was prejudicial. Further they couldn’t argue it was arbitrary because LGBT is a clear segment of society.

        Nobody is talking about “marriage” here – just sexual actions. Further, marriage in India is only recognized between a man and a woman. The Constitution of India doesn’t recognize same sex marriages though it is progressive enough to recognize polygamy, polyandry and other non-traditional matrimony. For gay marriage to be “legal”, Indian homosexuals will have to provide historical providence and cultural acceptance. Without which Indian government isn’t going to issue marriage certificates or recognize two “guys” living together as a “couple”.

  4. Tom Cotner 3 Jan 2014, 3:09pm

    Why should anyone be so alarmed at such a judgement by the highest court of the most backward country in the eastern hemisphere? I’m not surprised at all. Saddened, yes, but surprised? No.

    1. the most backward country in the eastern hemisphere

      Are you serious? Compared to, say, Iran? Or Pakistan, Burma, Indonesia? India’s problem is that it’s such a huge country with a huge population and has a creaking legal system inherited from the British (and seemingly preserved in aspic – as this ridiculous wrangle has proved).

    2. Your ignorant rambling about “backward” is quite ironic considering that Indians have never institutionalized slavery, color based discrimination, racial segregation, criminalized polygamy and non-traditional marriage. A banana republic which doesn’t even follow international law and runs an illegal gulag to avoid its own laws is hypocritical in calling out other nations as “backward”.
      This is a British law that is on the books in India, though it is seldom enforced unlike the regular bashing and thrashing the gay community in the USA and Europe received from their police for decades.

  5. Oh for f**ks sake. Does it really matter who said what? Just repeal the patently disgusting, discriminatory law and let consenting adults get on with loving who they want.

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