news details |
|
|
| As they celebrate, J&K debates order on Section 377 with shock, surprise | | GAYS, LESBIAN AND TRANSGENDER | | EARLY TIMES REPORT
Jammu, July 2: There are, so far, no reported cases of gay, lesbian or any other transgender varieties in Jammu and Kashmir, and therefore there were no celebrations, as people saw elsewhere in the country following Delhi High Court’s order of striking down Section 377 of the Indian Penal Code (IPC) that criminalizes the homosexuality but that does not mean that there is no debate.
While a reaction from Bhim Singh of Panthers Party was well expected, there is a wide range of reactions including shocks and surprises as Division Bench of Delhi High Court quoted Pandit Jawahar Lal Nehru describe homosexuality as a fundamental right. Certain religious leaders strongly denounced the decision and have criticized the government for trying to amend the Indian penal code to scrap section 377 that criminalizes homosexuality. Some intellectuals have welcomed it, while others have taken a cautious approach on this sensitive issue.
“It is a global phenomena and many NGO’s are working in this direction”, says Prof Noor Ahmed Baba of the University of Kashmir. He adds, “we are living in a global world where one region effects other one. It is not a new thing in modern world, but in India, which has social values, traditions is really unexpected and that too, where no religion will give its nod. The Delhi High Courts decision has legalized the homosexuality and added hat quality and inclusiveness were the tenets of the constitution”.
The Vishva Hindu Parishad man in Jammu, Rama Kant Dubey is harsh and aghast. He said that it is most unfortunate thing having happened in the country like India. This is absolutely wrong to leagalize homosexuality. It is against all religions and is against the culture of Indian culture. He also criticized the government for trying to amend the Indian penal code to scrap section 377 that criminalizes homosexuality, he added.
Prof Nirmal Kamal of Jammu University has an entirely different view. While welcoming this historic decision of Delhi High Court, said that people have a right to choose their partner as life is beautiful and added it is a part of nature, we have variety of relationships since ancient times. In modern times, gay have right to live and any kind of discrimination is anti-thesis of right to equality. Today, they (gays) have an identity, their independence it’s a great country, she added.
Prof. Bhim Singh, chairman of National Panthers Party and Members of the National Integration Council (NIC) has described today’s judgement by two Judges of Delhi High Court as totally unconstitutional, improper, unethical and condemnable permitting sex between same gender with consent. Prof. Bhim Singh who is aldo a noted Human Right Lawyers at the global level and chairman of the State Legal Aid Committee declared that he shall take the matter to the Supreme Court to save India’s centuries’ old culture and civilization from the Anglo-American cultural invasion which is being thrust into the great land of the world super civilization.
Earlier in the day the Delhi High Court today decriminalised gay sex by striking down section 377 of the Indian Penal Code (IPC), quoting Jawaharlal Nehru to emphasise that the Constitution guaranteed homosexuals rights equal to what other citizens enjoy.
A bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian Constitution, which states that every citizen has equal opportunity of life and is equal before law. “Equality and inconclusiveness are the tenets of the Constitution,” the court quoted India’s first prime minister Nehru as having said.
‘Section 377,’ a law from the British Raj era, says homosexuality and “unnatural sex” is a criminal act and in this landmark judgement, the high court said that section 377 should be amended and any sex between consenting adults should be legalised.
In plain terms, what this judgement means is that police will no longer be able to intrude upon or arrest adult homosexuals having consensual sex.
Advocate Tripti of the Naz foundation, which had filed the petition, said: “It is very clear now that sex between consenting adults would no longer be an offence.”
In 2004, the high court had dismissed the same petition, saying that it was an academic challenge to the constitutionality of a legislative provision which could not be entertained.
Box in above item
A bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian Constitution, which states that every citizen has equal opportunity of life and is equal before law. “Equality and inconclusiveness are the tenets of the Constitution,” the court quoted India’s first prime minister Nehru as having said.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
