Thursday, July 2, 2009

Blow to Section 377 By Delhi high Court

Blow to Section 377 By Delhi high Court
What is Section 377 .According to Wikipedia

The Indian Penal Code (IPC), of which Section 377 forms a part, was drafted in 1860 by Lord Macaulay as a part of the colonial project of regulating and controlling the British- and Indian-origin subjects. It reads:

377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.

The ambit of Section 377, which was devised to criminalize and prevent homosexual associations - sodomy in particular, extends to any sexual union involving penile insertion. Thus even consensual heterosexual acts such as fellatio and fingering may be a punishable offense under this law.



On Thursday 02 July 2009 , the Delhi High Court struck down section 377 of the Indian Penal Code that called homosexuality and unnatural sex a criminal act. It said equality and inclusiveness were the tenets of the constitution.

Expressing her happiness over the court's decision, actress and gay activist Celina Jaitley said: "With great pride and tears I would like to congratulate the entire LGBT community. Homosexuality is now legal in India. Our long battle is won and with pride can the gay walk with their heads held high."
Economic Times

Full Text of judgment at http://timesofindia.indiatimes.com/photo.cms?msid=4728348

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