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Indian Supreme Court decriminalises Section 377

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  • Indian Supreme Court decriminalises Section 377

    The Indian Supreme Court today decriminalised Section 377 partly. It's a momentous decision for members of the LGBTQ community, legalising gay partnership and intercourse between two adults of the same sex, if done within the limits of privacy. What still holds punishable in Section 377 is unnatural sex with children and with animals. Privacy was declared as a fundamental right by the Apex Court in August last year. India thus joins a comity of nations upholding the rights of this minority group.

    Boo hoo! to the police and the pimps, and those ass***** who used to harass people from this community. Time for people of the LGBTQ community to come out in the open, be loud and live with dignity.

    SC decriminalises Section 377: What the court said
    Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

  • #2
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    Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

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    • #3
      ‘Gay sex is not a crime,’ says Supreme Court in historic judgement

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      More@link above.
      Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

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      • #4
        I followed this closely back in 2009 and the HC's judgement was an amazing read. Naz foundations arguments were all solid. The kind of stuff you expect to hear in a movie. i couldn't believe this happened in a court in India. They quote quite a lot of judgements from around the world as basis for argument.

        And then it all fell apart by 2013, things were back to square one. Or rather a legal limbo which is worse. Clearly a section of the population that are without protection, that do not have the same rights as other people. Legal discrimination

        Good to know we're slowly making our way to becoming a developed country : )

        High time this matter was settled once and for all. These laws enacted in the 1870's about going against nature were way past putting down.
        Last edited by Double Edge; 06 Sep 18,, 14:53.

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        • #5
          Actually, the law is Buggery Act 1533.

          Section 377: How Buggery Act of King Henry comes a full circle in Supreme Court

          It will still take 1-2 decades for the LGBTQ community in India to find acceptance. Goodluck to them.
          Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

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          • #6
            Congratulations India. The road ahead is still long for gender diverse people in India, but this is the most crucial of steps. This will also be good for the wider society. A tolerant, accepting society is one where everyone can more easily fulfil their potential.
            sigpic

            Win nervously lose tragically - Reds C C

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            • #7
              Well done, India
              “Loyalty to country ALWAYS. Loyalty to government, when it deserves it.”
              Mark Twain

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              • #8
                Section 377: Is the BJP out of sync with modern realities?
                Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

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                • #9
                  Congrats India.

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                  • #10

                    Why not. As the article says there are those, really always those, who can't accept modernization in any shape, manner, or form. We still have conservatives here who believe equal rights for gays should be rescinded.

                    It boggles the mind. In my early years I never understood what some had against gays since they weren't exactly hidden away in the Bay Area. Time didn't seem to change a thing when I realized that even time can't temper the desire to control.

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                    • #11
                      More than the social impact of the Supreme Court's judgment on gay rights, what will be of concern to the ruling party at the Centre is its political fallout. Hence, the eloquent silence of the Bharatiya Janata Party (BJP) on the subject.
                      Silence is golden i thought : )

                      For the BJP and its ideological mentor, the Rashtriya Swayamsevak Sangh (RSS), any expansion of the concept of civil liberties is fraught with danger to their restrictive worldviews since a widening of human rights carries the prospect of greater individualism.
                      Author needs to explain the concept of Modi then. Modi is a curious phenomena. Elevating the individual over the party isn't typical of the RSS who prefers the collective over the individual. But in 2014 people didn't vote for the BJP. They voted for Modi. In that sense the 2014 elections were unqiue in being like american elections. As far as the BJP is concerned Modi was a clear favourite by the RSS workers so there was no problem. But it usually is a problem for the BJP to announce a candidate before the results are out.

                      They did it with Yeddy in Karnataka earlier this year, and the thinking is factions against Yeddy within the BJP Karnataka took it easy. BJP came out short because of their own infighting.

                      They also did it in Delhi with Kiran Bedi. What was the result. A compete rout by AAP. Clearly the RSS workers didn't favour her. This was a cock up by Amit Shah

                      Now UP state election was interesting. They never announced who the CM would be until after the results. There were at least ten contenders for the post. To announce a CM before the polls would be to have those nine factions work against their own party. In the end the way Yogi found out he was the one is because his passport request to attend a seminar in Singapore was denied by the centre. Instead he was told to go to a swearing in ceremony. His own

                      If the rights of the homosexuals to live without legal constraints are conceded, it can only encourage the people to free themselves of other restrictions as well such as on choosing live-in partners (of whatever sex) and eating, dressing and speaking as they please.
                      Where does he get this from ? who in the BJP has said it

                      There may be conservative quarters who believe this though.

                      For the Hindu Right, as also for other religious fundamentalists, this dalliance with civil rights -- the freedom to criticise the government, the exaltation of privacy and now the decriminalisation of homosexuality -- entails a push towards liberalism and modernism which are anathema to any group which wants the society to be bound by shackles of orthodoxy and obscurantism.
                      Why they didn't say anything when Modi went on all these trips around the world ? because the Hindu right is a vocal group but doesn't get a whole lot of traction within the BJP. They get thrown a bone now & then.

                      It is also possible that the saffronites will keep a hawk's eye on any social problems that may arise because of the assertion of gay rights. As the BJP MP Subramanian Swamy has said, with eager anticipation, if a five-judge bench can overturn an earlier judgment in favour of criminalising homosexuality, a larger bench can undo the present verdict if gay bars begin to flourish and there is a rise in the cases of HIV (human immunodeficiency virus) infections.
                      It must be true then if SS said it : D

                      The man has a Phd in economics not law or politics

                      However, one possible reason why MPs and MLAs, especially of the BJP, seem to be out of sync with the present-day world is the presence in their midst of a large number of criminal elements who can hardly be regarded as the most progressive sections of society.
                      Because Amit Shah picks candidates on the sole basis of win-abilty

                      He's not the only one. Same story with the UPA back in 2009

                      Important as this ruling is for India it does not apply to J & K

                      http://www.opindia.com/2018/09/no-ho...ized-in-india/

                      Interestingly, the two former chief ministers, Omar Abdullah and Mehbooba Mufti who are usually active on social media expressing their views about almost every national issue, remained silent on the SC judgment.
                      Funny that
                      Last edited by Double Edge; 09 Sep 18,, 13:48.

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                      • #12
                        Tech Mahindra probes diversity officer who ‘said only gay men cry & Islam a global pain

                        Skeletons tumbling out of the closet. Expect many more such cases to come out in the open now. Richa Gautam's career is almost done. If found guilty, she should be made an example of.

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                        Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

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                        • #13
                          Originally posted by Oracle View Post
                          Richa Gautam's career is almost done. If found guilty, she should be made an example of.
                          I can only imagine the pain this Gaurav has been through but think again and ask, who would hire Gaurav now ? What does he gain out of this, there is a risk here with his action.

                          Its a similar thing with workman's compensation. Any employer finds you pushed for that they are not going to want to employ you.

                          And that is how a lot of crap remains in the closet

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                          • #14
                            Originally posted by Double Edge View Post
                            I can only imagine the pain this Gaurav has been through but think again and ask, who would hire Gaurav now ? What does he gain out of this, there is a risk here with his action.

                            Its a similar thing with workman's compensation. Any employer finds you pushed for that they are not going to want to employ you.

                            And that is how a lot of crap remains in the closet
                            True. I don't know of any company, which, whatever it preaches, is comfortable with employees ranting about it. It will take a while, but laws need to be codified, that such people when discriminated get enough compensation (like millions of $$$), they can start a new life with it and not depend on a job thereafter. Otherwise, this whole thing will have failed, and intimidation and discrimination would continue.
                            Politicians are elected to serve...far too many don't see it that way - Albany Rifles! || Loyalty to country always. Loyalty to government, when it deserves it - Mark Twain! || I am a far left millennial!

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                            • #15
                              Originally posted by Double Edge View Post
                              I can only imagine the pain this Gaurav has been through but think again and ask, who would hire Gaurav now ? What does he gain out of this, there is a risk here with his action.

                              Its a similar thing with workman's compensation. Any employer finds you pushed for that they are not going to want to employ you.

                              And that is how a lot of crap remains in the closet
                              This is what whistleblower laws are supposed to protect
                              "Is God willing to prevent evil, but not able? Then he is not omnipotent. Is he able, but not willing? Then he is malevolent. Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?" ~ Epicurus

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