2009-2013 LGBT history of India

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asia s first genderqueer pride parade @ madurai anjali gopalan (july 2012)


this law struck down 2009 delhi high court decision naz foundation v. govt. of nct of delhi, found section 377 , other legal prohibitions against same-sex conduct in direct violation of fundamental rights provided indian constitution.


decisions of high court on constitutionality of law (i.e. judicial review)apply throughout india, , not territory of state on high court in question has jurisdiction. however, after pronouncement of verdict, there have been (rare) incidents of harassment of homosexual groups.


on 16 february 2012, supreme court, during hearing of bunch of appeals filed against decriminalisation of gay sex, observed homosexuality should seen in context of changing society many things earlier unacceptable have become acceptable passage of time.


the two-judge bench, composed of justices g s singhvi , s j mukhopadhaya, opined homosexuality should seen in light of changing times phenomena of live-in relationship, single parents , artificial fertilisation have become normal. had pointed out many things, considered immoral 20 years ago, have become acceptable society now. bench said gay sex not offence prior 1860 , referred paintings , sculptures of khajuraho. senior advocate amrendra sharan, opposed delhi high court order of decriminalising gay sex on behalf of delhi commission protection of child rights, had submitted social issues cannot decided on basis of sculptures. apex court bench, however, observed reflection of society of time , homosexuality should not seen in terms of sexual intercourse. earlier, supreme court bench had asked anti-gay rights groups, challenging legalisation of gay sex explain how such acts against order of nature submitted them.


the apex court hearing petitions filed anti-gay rights activists , political, social , religious organisations have opposed delhi high court verdict decriminalising homosexual behaviour.


however, on 23 february 2012, union home ministry of upa government replying supreme court observation, told supreme court opposed decriminalisation of gay sex. highly immoral , against social order, home ministry told apex court. said india s moral , social values different other countries, , therefore, nation should not guided them. central government reversed stand on 28 february 2012, asserting there no error in decriminalising gay sex. resulted in sc pulling centre changing stand on issue. don t make mockery of system , don t waste court s time, apex court judge told government.


also in 2012, guide titled creating inclusive workplaces lgbt employees in india developed ibm, goldman sachs, google community business, non-profit organization.


in december 2013, however, india s top court upheld law criminalises gay sex, in ruling reverses landmark 2009 delhi high court order had decriminalised homosexual acts. court said parliament legislate on issue.


indians have traditionally interpreted section 377, 153-year-old colonial-era law, condemning same-sex relationship unnatural offence , , considering punishable 10-year jail term. political, social , religious groups petitioned supreme court have law reinstated in wake of 2009 court ruling.








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