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The Indian government has decided, based on a law originally imposed by the British in the mid-19th century, to once again outlaw certain types of private, consensual sexual behavior. Thus proudly placing themselves in the company of such bastions of freedom and enlightenment as Iran, Saudi Arabia, Uganda, etc. -- not to mention its arch-enemy Pakistan.
The Supreme Court of India ruled that it is the legislature of India that makes laws or rescinds laws. In this case a law from the 19th Century-when India was a colony of Great Britain, outlaws homosexual acts. Since Great Britain in the 19th Century neither consulted nor respected Sharia laws, the law could not be described as a Sharia law in any manner.
For the same reason that the "don't say gay" law in Russia, and the recent anti-gay-marriage vote in Croatia, made cons in America turn cartwheels. Because they most asssuredly did.
there again, why should i care what other countries do? and your claim that conservatives did cartwheels because of these laws in other countries is rubbish. what other countries do is their business, not ours. and as far as i know, there have been no attempts in this country to make homosexuality illegal, and chances are there never will be even if we get a full congress and a president loaded with hardcore religious right conservatives, remember they still have to deal with judges that are on the bench at the time, and those judges will apply the constitution to any law such a government would come up with and find it unconstitutional.
It was my understanding that religious exemptions are common in Indian jurisprudence. Always have been. Since whether and how the law applies depends on the religion(s) of the persons involved, courts routinely cite the religious laws involved.
This is a very upsetting set back. But all battles have set backs. Gay people and their supporters will continue to fight for their human rights in india and I am certain they will win.
This is a very upsetting set back. But all battles have set backs. Gay people and their supporters will continue to fight for their human rights in india and I am certain they will win.
I'm not that knowledgeable of how the Indian Supreme Court works, but I think this can be appealed and reheard by a larger bench. This case was heard and decided by only 2 of the 31 Supreme Court judges.
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