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India court legalises gay sex in landmark ruling

bbc.com

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Re: India court legalises gay sex in landmark ruling

#11

Post by bloak »

thomasfedb wrote: post #2

The phrase "legalises gay sex" is surreal and otherworldly to me. We recent fought for marriage in Australia. Shocking to think they were and are still so backwards as to make that headline possible.

I've heard that there are a number of US states in which some fairly common sex acts are officially illegal. The difference, of course, is that there is little chance of anyone being prosecuted for those offences in the US, while, if I've understood correctly, the Indian section 377 law was being used in practice.

Re: India court legalises gay sex in landmark ruling

#12

Post by voltooid »

thomasfedb wrote: post #2

The phrase "legalises gay sex" is surreal and otherworldly to me. We recent fought for marriage in Australia. Shocking to think they were and are still so backwards as to make that headline possible.

There is more history to this. The introduction of the law relating to making gay sex illegal "... dating back to 1861, (that was) introduced during the British rule of India (modelled on the Buggery Act of 1533) criminalised sexual activities "against the order of nature", including homosexual activities"

https://en.wikipedia.org/wiki/Section_377_of_the_Indian_Pena...

It is the truth for a lot of countries that were under colonial rule. Colonial powers left their mark behind in so many unfortunate ways that are just too complex for countries to deal with even today. It is simple and lazy to label something "backward".

Re: India court legalises gay sex in landmark ruling

#13

Post by krylon »

thomasfedb wrote: post #2

The phrase "legalises gay sex" is surreal and otherworldly to me. We recent fought for marriage in Australia. Shocking to think they were and are still so backwards as to make that headline possible.

In Germany, the infamous §175a StGB that made gay sex illegal was only finally removed in 1994. I think it was practically ignored for some time before that, but that was only 24 years ago.

And yes, it feels just as unreal to me.

Re: India court legalises gay sex in landmark ruling

#14

Post by abhi3 »

thomasfedb wrote: post #2

The phrase "legalises gay sex" is surreal and otherworldly to me. We recent fought for marriage in Australia. Shocking to think they were and are still so backwards as to make that headline possible.

Wait till you hear about these crimes:

1) Section 497 in The Indian Penal Code Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

2) 498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

3) Having consensual sex with someone you promised to marry becomes rape retrospectively if you renege on the promise of marriage

4) And of course - Marital rape is legal. A husband (even an enstranged one) cannot be charged with raping his wife

Re: India court legalises gay sex in landmark ruling

#16

Post by 5555624 »

bloak wrote: post #11
thomasfedb wrote: post #2

The phrase "legalises gay sex" is surreal and otherworldly to me. We recent fought for marriage in Australia. Shocking to think they were and are still so backwards as to make that headline possible.

I've heard that there are a number of US states in which some fairly common sex acts are officially illegal. The difference, of course, is that there is little chance of anyone being prosecuted for those offences in the US, while, if I've understood correctly, the Indian section 377 law was being used in practice.

Virginia § 18.2-345 was only repealed 5 years ago. Oral sex, sex in a car, and cohabitation of unmarried couples were all illegal. It was not necessarily enforced; but, the laws were still on the books.

Re: India court legalises gay sex in landmark ruling

#18

Post by sandworm101 »

peterlk wrote: post #4
thomasfedb wrote: post #2

The phrase "legalises gay sex" is surreal and otherworldly to me. We recent fought for marriage in Australia. Shocking to think they were and are still so backwards as to make that headline possible.

Well, historically, India was comfortable with and accepting of people of all sexualities. The laws that are being overturned were put on the books by the British. So, the backwardness depends on the time scale

In parts of india. It is a big place with a long history. There have been times and places in india where lgbt were persecuted long before colonial rule.
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