In , there was a In , the Supreme Court unexpectedly overturned the earlier judgment and once again made gay sex a crime. A positive judgment would set a legal precedent across the 36 Commonwealth countries that still have draconian laws against gay sex. As a result, it has kicked the issue over to the courts instead of taking it up through legislation. India already has a complex legal system in which each religion has a parallel legal system of personal laws that govern civil laws. Marriage and Sexuality in the 21st Century.
A positive judgment would set a legal precedent across the 36 Commonwealth countries that still have draconian laws against gay sex. Enforcement of the law has been sporadic. In , there was a India already has a complex legal system in which each religion has a parallel legal system of personal laws that govern civil laws. In , the Naz Foundation went to court to challenge the validity of Section , arguing that the law violated the Indian Constitution by depriving citizens of their rights to equal treatment under the law. In , Kenya adopted a law like Section , and court proceedings that began this year may finally lead to the decriminalization of homosexuality. Ira Trivedi is the author of nine books, including India in Love: In , the Supreme Court unexpectedly overturned the earlier judgment and once again made gay sex a crime. July 24, , 6: Young Indians are building up the self-confidence to come out of the closet, but laws such as Section make it unsafe for them to so. But if Section were revoked, the space for various other civil rights, such as the right to marriage, property, and adoption, would open up for LGBT people. Marriage and Sexuality in the 21st Century. This Supreme Court judgment was formed by a bench of just two members and was headed by Justice G. Contrary to the acceptance and at times celebration of transgender people, homosexuality has historically been taboo in Indian culture—possibly because of the traditional emphasis placed on family and the continuation of family lines through reproduction. National Crime Records Bureau data show that cases—a majority—were crimes committed against children, rather than consensual sex among adults. Major Hindu texts such as the Mahabharata and Ramayana are replete with such themes, and in several cases hijras are seen as demigods and celebrated for being in between genders. As India barrels into the 21st century, a progressive, fast-urbanizing, and young country is fighting for change against conservative, traditional forces struggling to maintain their control. Given the momentum of this revolution, change is inevitable, and the ruling on will hopefully herald an era of openness while signaling the decline of old restrictions. As a result, it has kicked the issue over to the courts instead of taking it up through legislation. In India, according to available public figures , in , 1, Section cases were recorded. Toggle display of website navigation Argument: Even today, they make special appearances at occasions such as housewarmings, births, and marriages, demanding money for their blessings. Premarital sex is becoming both more common and more commonly discussed in the media, but organized spaces for young people to talk about sex and gender are few and far between. Although these numbers are not huge, according to Anjali Gopalan, a founder of the Naz Foundation, a gay rights and HIV advocacy organization, the police and other authorities use Section to harass, exploit, and extort. It may seem strange that India is so progressive when it comes to trans rights yet remains regressive when it comes to gay rights, but the answer lies in Indian history. There is a fierce backlash against modernity and Westernization, as well as a growing tension between the old and the new.
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