This is a day that will go down in the memory of every equality activist and hundreds of NGO’s that work in the HIV/AIDS/MSM arena.
In a reassuring display of fairness and good sense the Delhi HIgh court declared today that consensual sex between adults in private cannot be called criminal as it is agianst the freedom of an individual as prescribed by the constitutions of india.
“We declare Section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution,” the Bench comprising Chief Justice A P Shah and Justice S Murlidhar said.
TOI reports
the goveenment is being vauge about it, nothing new, but at least they are not opposing it, so far.
“It is between the court and the government and the party has nothing to do with it,” party spokesman Shakeel Ahmed
The three articles the judgement refers to are:
Article 21 Protection Of Life And Personal Liberty:
Article 14 Equality before law
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Here is a chronology of the gay rights legal struggle in india by Economic times.
Gotta get back to work.
Now I can offer condoms and advice to the male sex workers and Hijras who come to my clinic legally.
Ciao
Anand P
