Indian Court Legalizes Gay Sex
In the past decade, gay rights activists and lawyers have strived hard to abrogate Section 377, calling it "inhuman", and as the Naz Foundation, which filed the petition to abolition 377 in 2001 argued, a violation of constitutional rights to privacy and equality.
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In its ruling today, the Delhi High Court affirmed that claim, saying that Section 377 violated basic human rights. The same court however, had dismissed a similar petition in 2001. It is clear that this latest ruling is a reflection of increased activism by gay rights groups and high profiled supporters like Bollywood actress and Former Miss World Celina Jaitley, along with a more progressive government.
Obviously the struggle has just begun:
There are also other hurdles to consider: the decision is valid only in New Delhi, and doesn't apply to the rest of the country; it can (and in most probability will) be challenged in the Supreme Court; and it doesn't legalize homosexuality, only decriminalizes it.
Good luck to Naz India in their future efforts and much respect for fighting the good fight.
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