Section 377

  • Thread starter Thread starter warthog
  • Start date Start date
  • Replies Replies 784
  • Views Views 102,994
Government's Next Resolutions:Man with Monkey, goat, pigs , horse. why do the govt. want to legalize it ? I strongly agree with what Amish said, if u legalize it, then it would make more people to think abt it and experiment them. it is strongly not advisable for young gen.
 
Yes, fundamental right gives us right to do anything with our body. Its my body and I can do anything.Religious text books are fake. Who has even seen saints? There is no saint in current world so saints never existed so no question of religious books to be right. Be scientific. Science say gays exist so gays are right. And they have this fundamental right that I mentioned in above para.Democracy ki Jai Ho.
 
whats next a female who is raped demands to return the favour so that their is equality?bullocks i sayI dont understand that you are fine with rights not being absolute but fine with this which contributes nothing to the society but corrupts it.
 
whats next
a female who is raped demands to return the favour so that their is equality?


one more, whats next.

Man charges man for rape! I can clearly see this happening by the time I am old.
 
Yes, fundamental right gives us right to do anything with our body. Its my body and I can do anything.


There's more to it ...

“Discrimination is antithesis of equality,” Delhi High Court judges wrote in a 105-page decision that is the first in India to directly guarantee rights for gays and lesbians. “It is the recognition of equality which will foster dignity of every individual,” the decision said.

In their decision, Chief Justice A. .P Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of key parts of India’s Constitution.

The law violates
- Article 14, which guarantees all people “equality before the law;”
- Article 15, which prohibits discrimination “on grounds of religion, race, caste, sex or place of birth;” and
- Article 21, which guarantees “protection of life and personal liberty” they said.

The ruling applies only to India’s capital city but it will force the national government to either appeal the decision to the Supreme Court or repeal the law nationwide, lawyers said.

Source

The bottomline of this ruling is that it makes the govt. effort to tackle AIDS much easier now.

the National AIDS Control Agency argued in late July that Section 377 poses a public health risk by driving gay men underground and impeding efforts to prevent the spread of AIDS. Section 377 is rarely now used to prosecute gay adults engaged in consensual sex, lawyers and activists say, but it remains a whip with which to threaten, blackmail and jail suspected gay men and lesbians where they gather — in parks, bars and even, on occasion, on the Internet. Strictly speaking, the statute makes it illegal to distribute condoms to gay men or in Indian prisons.

The campaign to repeal Section 377 reflects a confluence of broad changes sweeping this country, from health concerns and urbanization in India to a growing awareness about India’s place in the world. A preface to the open letter, written by Amartya Sen, the Nobel laureate and economist who is now a professor at Harvard, calls the law, codified in 1861, “a colonial-era monstrosity.”

“That, as it happens, was the year in which the American Civil War began, which would ultimately abolish the unfreedom of slavery in America,” he wrote. “Today, 145 years later, we surely have urgent reason to abolish in India, with our commitment to democracy and human rights, the unfreedom of arbitrary and unjust criminalization.”

Source
 
Yes thats what I mean. Religion and religious books no more means anything.There are ways to define law.1) You give all freedom and define what you cant do.2) You restrict everything and define what you can do.So when those basic articles 14,15 and 21 were declared by our ancestors. It was wrt the way 1) above. That this is the aim except 377.But now people just point to 14, 15, 21 and say 377 violates them and scrap 377. This way of arguments dont make sense to me.But I hope my explanation makes sense to others.
 


Does it matter that 377 came 86 years before 14,15 & 21 even existed ?That we had no rights under the British.
 
My point is why didnt law makers scrap that at that time itself? Were they less smart then current generation? What came when doesnt matter. All laws were re-written/re-analysed after independence.But anyway u think differently and I think differently. You have right to stick to your thoughts. I have mine.
 
No your point is valid. Why they did it now instead of then ?I'd say this has happened now because of more awareness than less. We have had plenty of time for attitudes to mature and the precedent set in other countries. AIDS is a major issue now which was absent then.That law was put in place by the Brits a long time back. Today, they themselves in their own country no longer view it in the same manner.
 
i feel that this is good until someone forces someone to indulge or somethin like that. I will definately affect the indian culture. :rofl:
 

Back