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Should gay sex be legalised in India?

A court in the Indian capital, Delhi, has ruled that homosexual intercourse between consenting adults is not a criminal act. How will it change life for gay people in India?

The ruling overturns a 148-year-old colonial law which describes a same-sex relationship as an "unnatural offence". Homosexual acts were punishable by a 10-year prison sentence.

Many people in India regard same-sex relationships as illegitimate. Rights groups have long argued that the law contravened human rights. Delhi's High Court ruled that the law outlawing homosexual acts was discriminatory and a "violation of fundamental rights".

Do you welcome the ruling? Will it help reduce social stigma and improve human rights for gay people? How will it change life for homosexuals in India?

Read the full story

Published: Thursday, 2 July, 2009, 09:55 GMT 10:55 UK

All comments in recommendation order

Added: Thursday, 2 July, 2009, 12:01 GMT 13:01 UK

"Many people in India regard same-sex relationships as illegitimate."

Ironically the same people exercising free choices (in thought), would deny others exercising their free choices (in orientation).

Sex between consenting adults, whatever their orientation should remain a personal choice & private matter between those parties.

As a heterosexual Muslim I'm probably as far removed from gay matters as possible. But denying anyone their rights is an insult to all in any civilised society.

Muhammad Zaman

Recommended by 110 people

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Added: Thursday, 2 July, 2009, 12:16 GMT 13:16 UK

It should be decriminalised everywhere. Any tolerant and rational person would agree. Unfortunately, most people aren't either of those things.

Ronald McDonald

Recommended by 63 people

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Added: Thursday, 2 July, 2009, 12:12 GMT 13:12 UK

Aren't there more pressing issues to consider? War? Famine? Education? How multi-national corporations rob resources and pollute the planet? Come on.
Marc, Brussels

You're missing the point, Marc! This is about people’s basic human right to have sexual relationships with who they choose. How would you feel if you were criminalised for your sexuality? It may not be important to you, but it’s hugely important to gay people in India who will no longer have to hide their relationships.

[buffonia], Birmingham, United Kingdom

Recommended by 54 people

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Added: Thursday, 2 July, 2009, 12:42 GMT 13:42 UK

I'm amazed that anybody can see this ruling as a bad thing. I am a married hetrosexual man, I have what I want in life. Why shouldn't gay people have what they want? Its a no brainer.

Dom Wirdnam, Clevedon

Recommended by 49 people

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Added: Thursday, 2 July, 2009, 15:04 GMT 16:04 UK

It is interesting how a minority religious zealot fringe is opposing to the just rights of another minority group in a democratic country. Religious sentiments should be limited to only a 'Point of consideration' role in any democracy, and not executional.

I am proud of my India. Though we still have a long way to go in many such battles.

Rahul Narvekar, NYC, United States

Recommended by 40 people

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Added: Thursday, 2 July, 2009, 12:54 GMT 13:54 UK

I'm ecstatic to hear that India, the largest democracy in the world, is moving with the times.

Anita, Southampton

Recommended by 40 people

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Added: Thursday, 2 July, 2009, 11:56 GMT 12:56 UK

Excellent news for India!

This is the first step to removing prejudice towards gay people in India, but it takes time to overcome these things & people's views won't change overnight. Hopefully future generations of Indians growing up with these laws will be far more accepting of gay people & their rights. Of course there are always people who will never change - even in the UK where homosexuality has been accepted for a long time, I'm sure some people still have issues with gay people.

[buffonia], Birmingham, United Kingdom

Recommended by 39 people

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Added: Thursday, 2 July, 2009, 12:56 GMT 13:56 UK

"Decriminalization of same-sex marriage is a sin against God. God by all religious denominations first created man and for his company created woman." Aziz Merchant, Fremont, U.S. Is it cold back there in the 17th centuary? This is showing India's intentions to the world as well as mapping a path for other developing countries to follow. I'm not gay but I do believe that this marks a massive step in the right direction for India. Still my top choice for places to go when UK PLC collapses!

Ricky Richards

Recommended by 38 people

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Added: Thursday, 2 July, 2009, 15:02 GMT 16:02 UK

Oh for goodness sake. Love between two consenting adults is no one's business but their own. People don't just become " gay" they are born that way. We should concentrate on getting rid of all the hate that exists between people, not persecuting people who love each other.

[smilingparrotfan], london, United Kingdom

Recommended by 37 people

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Added: Thursday, 2 July, 2009, 12:08 GMT 13:08 UK

The decision is huge shift for gay rights and sets an example for the entire developing world. It will give action to Jawaharlal Nehru’s belief in inclusiveness as laid out in the constitution.
The law, a holdover from the British colonialism, is on the books in many former colonies. It has become a favorite tool to threaten and extort gays and transsexuals.
It should be retro, if it isn't, for persons serving sentences under the old legislation.

Regina-Gabrielle Berry, Toronto, Canada

Recommended by 35 people

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Added: Thursday, 2 July, 2009, 14:48 GMT 15:48 UK

To Peter in New York,

Your comment is absolutely ridiculous. Two people are in love. And now they can't be because you don't want to talk to your kid for five minutes? Why is that anyone else's problem?

Kurt, Edmonton, Canada

Recommended by 33 people

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Added: Thursday, 2 July, 2009, 12:06 GMT 13:06 UK

We are all entitled to be whoever we choose, whatever your choice you should be allowed to do as you wish privately, I think this is fantastic for the Gay population in India and a huge step forward.

[saccol], Norwich, United Kingdom

Recommended by 33 people

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Added: Thursday, 2 July, 2009, 13:46 GMT 14:46 UK

Homosexuality is not a choice. Nobody chooses to be gay. Therefore, both heterosexuals and homosexuals should be judged by the same exact moral standards and should be expected to live by the exact same set of rules.

If it's wrong for gay people to fall in love and form a committed, monogamous relationship, then it's wrong for everyone else too. Everyone has the right to have someone special in their life. Everyone has the right to grow old with someone.

Only the ignorant think otherwise.

Dave, San Diego, California, USA

Recommended by 31 people

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Added: Thursday, 2 July, 2009, 14:17 GMT 15:17 UK

I wonder how many of those people objecting to what consenting adults do behind closed doors, on either moral or religious grounds, are wife-beaters? Only a thought.

Neil Probert, Cernusco Sul Naviglio, Italy

Recommended by 28 people

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Added: Thursday, 2 July, 2009, 14:04 GMT 15:04 UK

Thank God our forefathers were not gays or lesbians

John, Mumbai


---------

Some of them may have been, but were unable to come out!

Honestly, you people!

Can't you just live and let live ?

I don't like many things but I do not have the right to dictate to others how to live their lives based on my personal preferences.

Good on India! I now hope that the courts are ready for the inevitable "gay bashing" that will happen and punish these mindless hooligans appropriately.

M Morgan, Ireland, Ireland

Recommended by 28 people

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