New Delhi Lifts Colonial-Era Ban on Gay Sex

A top court in the of yesterday overturned a colonial- law banning between consenting as the world’s biggest democracy struggles to balance and .

In a strongly worded statement, ’s High Court ruled that the 150-year-old statute prohibiting acts was discriminatory and therefore a “violation of .”

“It cannot be forgotten that is of and that it is the recognition of which will foster of every individual,” the court said in a 105-page .

Quoting India’s first , , Justice A.P. Shah said: “Words are magic things often enough, even the magic of words sometimes cannot convey magic of human and of a nation’s .”

The ruling applies only to and to older than 18. But ministers are also in the process of reviewing the law.

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India Decriminalizes Gay Sex

n what many are calling “’s ”, the New on Thursday decriminalized intercourse between consenting , by striking down of the Indian . This law labels to be an “unnatural offense”, punishable with up to ten years in prison.

Drafted in 1860, this Colonial- law was brought into effect by the British, and was in line with similar anti- passed in England at the time. In the past , rights and have strived hard to abrogate , calling it “inhuman”, and as the Naz Foundation, which filed the to 377 in 2001 argued, a violation of to privacy and .

No Rain on Their Parade

In its ruling today, the affirmed that claim, saying that violated basic . The same court, however, had dismissed a similar in 2001. It is clear that this latest ruling is a of increased by rights and high profiled supporters like and Former , along with a more .

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India Decriminalizes Gay Sex

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California gay rights timeline

As and have fought for rights and won elected office, has shifted. Back in 1977, singer of Florida was leading a -based campaign against , claiming they were sinners and a threat to children and family life. When pollsters asked more than 1,000 to , in their homes – whether they agreed with her, 45 percent said yes. Emotions still run high on the issue, but more now say they know and , and approve of same- . The shift is particularly pronounced among residents ages 18 to 29. Following are notable in the ’s rights movement.

1951: The , one of the first in the , is incorporated in Los Angeles to combat oppression of .

1955: The Daughters of Bilitis, a national , is founded in .

1961: José Sarria runs for the Board of Supervisors, becoming what is believed to be the nation’s first openly candidate for public office.

1975: 489, by Willie Brown, decriminalizes performed in private by consenting in California.

1977: The overwhelmingly votes to define civil as a contract between a man and a . later becomes the first openly person to be elected to public office in California, winning a seat on the Board of Supervisors.

1978: Voters 6, the , named for Sen. John , which would have barred , and their supporters from teaching in public schools.

1979: Gov. issues an barring against based on .

1984: Gov. 1, the first bill that would have banned on the basis of .

1989: Bill 202, by Sen. Diane Watson, requires law enforcement agencies to report , including those in which a motivating factor is the victim’s .

1991: Gov. Pete Wilson 101, by Terry , prohibiting against in the workplace.

1992: Wilson ’s narrower measure, 2601, which adds protections to the Labor Code.

1994: Sheila Kuehl is elected to the Assembly, becoming the ’s first openly or member.

1999: 26, by Assemblywoman Carole Migden, creates the first statewide domestic registry, allowing the partners of to receive benefits.

1999: 1001, by Assembly Speaker Antonio Villaraigosa, adds to anti- of the state Fair and Housing .

1999: 537, by Assemblywoman Sheila Kuehl, makes it illegal to harass students in public schools because of .

2000: Voters pass Proposition 22, which banned same- .

2001: Migden’s 25 greatly expands the rights of to include benefits through , death benefits, sick leave, tax deductions and of stepchildren.

2002: The nation’s first legislative , , and Caucus is formed in the Legislature. It comprises Assembly Kuehl, Migden, Jackie Goldberg and Christine Kehoe.

2002: John Laird and are elected to the Assembly, becoming the first openly men in the Legislature and of the Caucus.

2003: 205 by Assemblywoman Jackie Goldberg extends to registered nearly all the same provided to opposite- spouses in California.

2004: Mayor Gavin Newsom orders city officials to issue licenses to same- . More than 4,000 receive licenses and are married before the California orders a halt to the process until its can be determined.

2004: 2208, by Assemblywoman Christine Kehoe, bars providers from discriminating against .

2005: Gov. 849, by , which would have legalized same- . Schwarzenegger urged rights to wait for on Proposition 22 or ask the voters to repeal the ban.

2008: In a 4-3 decision May 16, the California rules that the state gives and the right to marry. On Nov. 4, voters approve Proposition 8, the ban that’s now being challenged.

Sources: Pew Forum on and Public Life; the American ; Encyclopedia Britannica; World Book Encyclopedia; Bee news archives.

Bee research/Aurelio Rojas, Pete Basofin and Micaela Massimino.

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Sharpton decries churches pushing Prop. 8

From the of on Sunday, Rev. called out the Church and other conservative for mobilizing to support Proposition 8 to ban in California while refusing to be as involved in any other .

“It amazes me when I looked at California and saw that had nothing to say about police , nothing to say when a young black boy was shot while he was wearing , nothing to say when they overturned , nothing to say when were being delegated into , yet they were organizing and mobilizing to stop consenting from choosing their ,” Sharpton told a packed on Jan. 11. See Sharpton decries churches pushing Prop. 8

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“Homosexuality needs to be curbed as it spreads HIV/AIDS” Indian Gvt Says to High Court

: Justifying criminalisation of in the country, the Centre has pleaded before the Delhi High that it is one of the main reasons for spread of HIV/AIDS and needs to be curbed.

In a written submission filed by Additional P P Malhotra, the Centre said that legalising Men having with Men (MSM), as pleaded by rights , would to spread of the dreaded disease and placed reports of various countries to substantiate its stand.

“In Zambia, one in three (33%) surveyed men who have with men tested -positive. In the Kenyan port city of , 43% of men who said they had only with other men were found to be living with ,” the government said, quoting the United Nations report on Global Epidemic, 2008.

“In Bangkok, prevalence among men who have with men rose from 17% in 2003 to 28% in 2005 and it is estimated that as many as 21% new infections in Thailand in 2005 were attributable to unprotected between men,” the Centre said.

The 100-page written submission was filed by the Centre as the court, while reserving the order, had allowed the government to file any additional submission in a written form.

Centre’s response came on a PIL filed by rights seeking the court’s direction to decriminalise among consenting in private.

At present, is an offence in the country and of Indian provides punishment for up to for engaging in such acts.

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