The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Saturday, September 8, 2018

India's Supremes act for change

Campaigners celebrate as India decriminalises homosexuality

Celebrations have erupted in India after the supreme court unanimously ruled to decriminalise homosexual sex in a landmark judgment for gay rights.

A five-judge bench at the country’s highest court ruled that a 160-year-old law banning sex “against the order of nature” amounted to discrimination on the basis of sexual orientation and was unconstitutional.

The judgment, after 24 years of legal challenges, triggered elation among LBGT Indians and their allies across the country and plans for all-night parties in nightclubs in major cities.

In Mumbai, people marched carrying a giant rainbow banner; in Bangalore they draped themselves in the LBGT flag and let off scores of balloons. 

In Delhi’s luxury Lalit hotel, run by one of the activists who fought Thursday’s case, and home to one of the city’s furtively gay-friendly nightclubs, staff danced in the lobby.

“Criminalising carnal intercourse under section 377 Indian penal code is irrational, indefensible and manifestly arbitrary,” said the chief justice, Dipak Misra, in his decision, announced at about 11.30am on Thursday.

Misra’s was one of four written judgments agreeing to scrap the ban. The rulings quoted Lord Alfred Douglas (“The love that dare not speak its name”), Leonard Cohen (“From the ashes of the gay/ democracy is coming”), William Shakespeare (“What’s in a name? That which we call a rose by any other name would smell as sweet”) and the German philosopher Johann Wolfgang von Goethe (“I am what I am, so take me as I am”).

Misra said: “Social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by individuals today, and it is only when each and every individual is liberated from the shackles of such bondage … that we can call ourselves a truly free society.”

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