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India court legalises gay sex in landmark ruling

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31–40 of 178 posts

Re: India court legalises gay sex in landmark ruling

#31
post #17
post #6

Note that same sex marriage is still not legalised! We still have a long way to go before the idea of a same-sex couple becomes commonplace in our society.

Wait. Gay sex is legalized, but not marriage. That's so un-Indian-like

Actually, a more accurate title would be "Gay sex decriminalized in India"

Re: India court legalises gay sex in landmark ruling

#32
post #22

Something to note here is that it is not just gay sex that is legalised - the prohibition was on "carnal intercourse against the order of nature" which included straight anal sex as well as oral sex. Of course, these are less important as this was never enforced, but weird to think that these things were technically illegal.

How about things like bestiality and Pedophilia? (1) Were they "against the order of nature" in the first place, and (2) are only specific practices allowed (The ones you mention) or just everything?

Edit: I'm not sure Wikipedia [1] agrees with you. The original law was:

> Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life

So bestiality seems to have been prohibited initially. The judgement [2] says:

> Section 377 of the Penal Code, in so far as it criminalises consensual sexual conduct between adults of the same sex, is unconstitutional

So I'm not sure it decriminalizes anal and oral heterosexual sex as well.

[1] https://en.wikipedia.org/wiki/Section_377_of_the_Indian_Pena...

[2] https://www.sci.gov.in/supremecourt/2016/14961/14961_2016_Ju... page 442 (labelled 180)

Re: India court legalises gay sex in landmark ruling

#33

Earlier quoted context omitted.

It's still illegal to own more than six dildos in Texas.

Not true since 2004 anymore. And apparently was only against promoting dildos. Source: https://www.politifact.com/florida/statements/2015/feb/09/al...

Well that's reassuring! I was wrong. But 2004 is rather recent.

Re: India court legalises gay sex in landmark ruling

#34
post #17
post #6

Note that same sex marriage is still not legalised! We still have a long way to go before the idea of a same-sex couple becomes commonplace in our society.

Wait. Gay sex is legalized, but not marriage. That's so un-Indian-like

How so? That's generally how these things have progressed in most countries I'm aware of. First you make the simple fact of being homosexual not be illegal. Same-sex marriage often comes much later.

Re: India court legalises gay sex in landmark ruling

#35
As a gay Indian this is a great news! but it is one thing to decriminalize it legally and complete different thing for societal acceptance and leading a normal life as gay person in India. For an average gay person in India this doesn’t change much. There is still a long way to go. This law was never a problem for me but my family and relative and neighbors are. But it is a good progress.

Re: India court legalises gay sex in landmark ruling

#36
post #22

Something to note here is that it is not just gay sex that is legalised - the prohibition was on "carnal intercourse against the order of nature" which included straight anal sex as well as oral sex. Of course, these are less important as this was never enforced, but weird to think that these things were technically illegal.

Were they really though? Aren't there numerous artifacts from the region depicting such acts?

Re: India court legalises gay sex in landmark ruling

#37

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…

> It is simple and lazy to label something "backward".

Couldn't agree more. Having said that, I'm not sure the "blame the colonials" is vastly better. For at least 2 reasons:

1) One of the laws the Penal Code replaced required death by stoning as a punishment (unless you were a slave in which case you were just flogged). As poor as the law was, it wasn't really replacing an enlightened legal framework.

2) Post-colonial India didn't exactly rush to replace the law. The first attempt wasn't until 2009, and that was overturned.

The simple truth is that, even supposedly liberal, countries have made these changes disappointingly recently. Personally, I'm glad this is happening but blaming others for the slow progress is somewhat disingenuous.

Re: India court legalises gay sex in landmark ruling

#39
post #13

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.

I thought we had a similar law in France until the 1980's but apparently I was at least partly mistaken:

>Although same-sex sexual activity was a capital crime that often resulted in the death penalty during the Ancien Régime, all sodomy laws were repealed in 1791 during the French Revolution. However, a lesser known indecent exposure law that often targeted homosexuals was introduced in 1960 before being repealed twenty years later.

So vive la révolution I guess.

Re: India court legalises gay sex in landmark ruling

#40
post #21

Earlier quoted context omitted.

What? So you think that gay sex should be illegal?

Nobody said that. I think the cup of tea I'm drinking won't last, yet I don't think cups of tea should be illegal. Edit to update: The cup of did indeed did not last, and is now gone. I still don't think a cup of tea should be illegal.

The comment that "it won't last" was made in the context of decriminalization, the implication that something will be illegal again is hard to escape.
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