Section 377

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thank you vebk for for your kind words
btw enjoy SC upholds which means its all india now.

Imo this is the max we should go in our society.If SC one day legalises same sex marriage the govt has to simply amend the constitution to make marriage a union between man and wife.

Apex court upholds Delhi HC order on gay sex law
 
The Supreme Court on Monday upheld the Delhi High Court’s order legalising gay sex and gave the Centre eight weeks for its opinion on the matter.

So after Sept 20, its a done deal :)
 
Imo this is the max we should go in our society.If SC one day legalises same sex marriage the govt has to simply amend the constitution to make marriage a union between man and wife.
Where does the Constitution deal with marriage?? Where is the question of amending the Constitution?

And like I have said before in many of your thread itself (apparently to deaf ears), the Supreme Court is the ultimate protector of the Constitution. So when the Supreme Court decides that applicability of s. 377 consensual same-sex intercourse is violative of article 21, that is that. Full and Final. There are certain aspects of the Constitution that have been long decided and upheld for decades as being part of the basic structure of the Constitution, to which no act of Parliament or the executive can amend, alter etc. So to sum it up, it means that even if the Parliament passes an act amending the Constitution insofar as adding an Article that specifies that marriage is only between a man and a woman, then if (emphasis because it's unlikely in the near future) the Supreme Court decides that marriage can be between any two persons regardless of sex / gender under the Fundamental Rights, then that would be set in stone and any such amendment would be struck down.
 
If that happens it will set a constitutional crises.
IN usa there is a amendment known as federal marriage amendment.If the states and the congress passes it then the scotos cant ban it.THey view judicial activism as a bad thing.In india we need it as politicans are more concerned about vote banks.

either way i doubt SC can just negate a amendment like this.If that were the case then why hasn't it negated the 44th amendment where right to private property was removed from fundamental rights? or 25th amendment where the directive principles of state policy is above the fundamental rights.THe govt simply can add this marriage amendment and the SC cannot do any thing
http://en.wikipedia.org/wiki/Directive_Principles_in_India
"The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State[1] to apply these principles in making laws to establish a just society in the country"

btw many states have banned same sex marriage in USA and civil liberties are far more than anywhere,why dosent the high court or SC nulify it cuz it will clash with seperation of powers.THe job of the courts is to enforce the bills and constitution.
If one day parliament includes right to bear arms and we have a anti gun SC and they say it violates this and that ,it will again set a crises.THe SC knows its limits,hell the govt can state US as an eg as states have banned same sex marriage and even unions and the courts refuse to take it.

btw carlifornia has the largest numbers of homosexuals but there same sex marriage is BANNED.
 
there should be a law against one line answer:madness:
 


.... says the man who just made a one line answer. :clap:


Anyway, to address your points, this is India. Not the U.S. We don't have the same system of government and certainly not the same system of judiciary. Here the Supreme court is Supreme, and definitely so when it comes to Constitutional issues.
I am not sure about the history regarding the right to property coming out of the fundamental rights and going into Article 300A, but it's an interesting fact you point out, and I will look into it. (My suspicion is that it came about before the whole "basic structure" stuff came out, and insofar was allowed).

The Directive Principles are merely advisory in nature and are not binding, which is why everyone totally ignores them.

As far as California goes, there is this misconception that it is uber-liberal. It certainly is in pockets like the Bay area (San Francisco etc.) but a rather large chunk of it is very very conservative. The fact that California has not allowed same-sex marriage means nothing, as certainly no one claims that the U.S. is our leading light.

And when you say:
THe job of the courts is to enforce the bills and constitution.
If one day parliament includes right to bear arms and we have a anti gun SC and they say it violates this and that ,it will again set a crises.THe SC knows its limits,hell the govt can state US as an eg as states have banned same sex marriage and even unions and the courts refuse to take it.
You are incorrect. The job of the court is not to enforce bills and constitution. (Firstly, I am assuming you meant Acts and not "bills" as the latter is nto a law but law in the making). It's job is to uphold the rule of law. And the Supreme Court has been given a special status of being the ultimate protector of our Constitution. The Constitution itself provides that the Supreme Court has the final word on Constitution matters, which no one else can overturn, but only a subsequent decision of the Supreme Court.
As for right to bear arms, if they Supreme Court hears the case and decides that it violates the Fundamental Rights or the Constitution in any manner, then that only goes down the toilet,and there's nothing that the legislature can do about it.
Also whether or not some States in the U.S. legalize gay marriage or not has no legally binding effect on our courts. Your insinuation that "the govt can state US as an eg as states have banned same sex marriage and even unions and the courts refuse to take it" is quite ridiculous.
 
Govt indecisive on gay sex issue, may seek more time in SC

Agencies
Posted: Sunday , Jul 19, 2009 at 1038 hrs
New Delhi:

The Delhi High Court verdict legalising gay sex has put the government in a fix as it remains undecided about its stand in the Supreme Court, 10 days after a response was sought from it on the vexed issue. \"No affidavit has been filed in the court as yet. It has to be seen what happens in the court,\" Attorney General G E Vahanvati, who will appear in the matter, said. \"You have to wait and watch what happens in the court tomorrow,\" he said.

While the Centre remained non-committal about its stand on the High Court verdict which has been opposed by different sections of society, including religious leaders of all communities and a child rights body, gay rights activists have drawn up a detailed strategy to defend the verdict. \"We will file our response to the appeals after it is admitted by the apex court,\" said Shivangi Rai, the lawyer actively associated with the NGO Naz Foundation on whose PIL the High Court on July 2 had declared the penal provision (under Section 377 of Indian Penal Code) for gay sex among consenting adults in private as unconstitutional.


The apex court had issued notice to the Centre seeking its response on the petition filed by a Delhi astrologer challenging the High Court verdict. A Bench headed by Chief Justice K G Balakrishnan, which will hear the matter tomorrow, had said during the earlier hearing that \"any interim order against the High Court verdict, if necessary, will be considered only after hearing the parties concerned\". Notices were also issued to Naz Foundation, the NGO and other respondents who were parties before the High Court. [COLOR=\"Red\"]Astrologer Suresh Kumar Kaushal has sought quashing of the July two High Court judgement[/COLOR] legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment. [COLOR=\"Red\"]\"If such abnormality is permitted, then tomorrow people might seek permission for having sex with animals,\" Kaushal had argued.[/COLOR]

He had claimed that since the High Court verdict there had been seven gay marriages, raising several questions that could impact on the very institution and added \"We have to look at our own scriptures to seek guidance from and they are against such behaviour in our society\". [COLOR=\"Red\"]Law Minister Veerappa Moily had said that a three-member ministerial group has been tasked with looking at all aspects of the verdict[/COLOR]. The petitioner contended that homosexual acts, by all standards, were \"unnatural\" and could not be permitted. \"[COLOR=\"Red\"]No one can imagine the consequences of the unnatural acts. Even animals don't indulge in such activities,\" he said in his petition.
[/COLOR]
The High Court verdict, widely welcomed by gay activists, sparked off a controversy with several political leaders asking the government to appeal against it in the Supreme Court.

Kaushal's petition is not worthy of much attention but I'm suprised Moilly has not come out with anything better, maybe he is still working on it for the court ;)
 
The government has indicated that the criminality clause will be suspended; but strict no to other issues - marriage, adoption etc.No one has been convicted till date even though the law has been in force for a long time (Oscar Wilde and Lord Byron had to face criminal charges/prison sentences in UK); but public display, promotion, and gay rights must be discouraged by the state and the public.
 
If made legal and flaunted, we may get more such news!!!
Son kills father's gay lover - Kanpur - City - NEWS - The Times of India

KANPUR: Upset over his father’s gay relationship, son of deputy chief medical
officer Dr Krishna Dev Raj Srivastava, allegedly murdered the 38-year-old
partner of his father. The incident was reported from Pashupatinagar area under
the Naubasta police station late on Sunday night.
The victim, Raju Dwivedi, son of Shrikrishna Kumar, was allegedly a gay and was
in a homosexual relationship with Dr Srivastava, posted in Allahabad as deputy
CMO and resident of Basant Bihar locality in Naubsata area.
Raju was said to be reeling under depression due to strong objections raised by
the medical officer’s family over the relationship. Reports stated that the
deputy CMO along with his son Anubhav was last seen with the deceased on Sunday
evening.
Late on Sunday, Raju, according to his family, returned home in a drunken state
and had injuries on his head. Without giving any explanation, he went straight
to his room. Next morning, he was found dead by his mother Lakshmi.
 

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