News & Current Affairs

July 2, 2009

Gay sex ‘not criminal’ in India

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Gay sex ‘not criminal’ in India

Gay rights march in India

Rights groups have long campaigned for a repeal of the law

A court in the Indian capital, Delhi, has ruled that homosexual intercourse between consenting adults is not a criminal act.

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”.

The court said that a statute in Section 377 of the Indian Penal Code, which defines homosexual acts as “carnal intercourse against the order of nature” and made them illegal, was an “antithesis of the right to equality”.

‘India’s Stonewall’

The ruling is historic in a country where homosexuals face discrimination and persecution on a daily basis but it is likely to be challenged, says the BBC’s Soutik Biswas in Delhi.

It also promises to change the discourse on sexuality in a largely conservative country, where even talking about sex is largely taboo, our correspondent says.

Gay rights activists all over the country welcomed the ruling and said it was “India’s Stonewall”.

New York’s Stonewall riot in 1969 is credited with launching the gay rights movement.

“It [the ruling] is India’s Stonewall. We are elated. I think what now happens is that a lot of our fundamental rights and civic rights which were denied to us can now be reclaimed by us,” activist and lawyer Aditya Bandopadhyay told the BBC.

Gay rights march in India

Homosexuals face discrimination in India

“It is a fabulously written judgement, and it restores our faith in the judiciary,” he said.

Leading gay rights activist and the editor of India’s first gay magazine Ashok Row Kavi welcomed the judgement but said the stigma against homosexuals will persist.

“The social stigma will remain. It is [still] a long struggle. But the ruling will help in HIV prevention. Gay men can now visit doctors and talk about their problems. It will help in preventing harassment at police stations,” Mr Kavi told the news.

But the decision was greeted with unease by other groups.

Father Dominic Emanuel of India’s Catholic Bishop Council said the church did not “approve” of homosexual behaviour.

“Our stand has always been very clear. The church has no serious objection to decriminalising homosexuality between consenting adults, the church has never considered homosexuals as criminals,” said Father Emanuel.

“But the church does not approve of this behaviour. It doesn’t consider it natural, ethical, or moral,” he said.

In 2004, the Indian government opposed a legal petition that sought to legalise homosexuality – a petition the high court in Delhi dismissed.

But rights groups and the Indian government’s HIV/Aids control body have demanded that homosexuality be legalised.

The National Aids Control Organisation (Naco) has said that infected people were being driven underground and efforts to curb the virus were being hampered.

According to one estimate, more than 8% of homosexual men in India were infected with HIV, compared to fewer than 1% in the general population.


Are you in India? What is your reaction to the court ruling? How will it change life for homosexuals in India?

August 19, 2008

Paraguayan Indian named minister

Paraguayan Indian named minister

Margarita Mbywangi in Asuncion in March 2008

Margarita Mbywangi pledged to serve all indigenous communities

An indigenous woman in Paraguay who says she was sold into forced labor as a girl has been made minister for indigenous affairs.

Margarita Mbywangi, a 46-year-old Ache tribal chief, is the first indigenous person to hold the position.

She has been an activist for many years, defending her tribe’s interests.

She was appointed by the new president, Fernando Lugo, who was sworn in on Friday, ending more than 60 years of government by the Colorado Party.

The new president, a former Catholic bishop, seems keen to demonstrate a decisive break with the past, through his ministerial appointments.

‘Forced labor’

But some Indian leaders have voiced fears Ms Mbywangi will give preferential treatment to her own tribe.

The mother-of-three promised to meet those who opposed her appointment, in order to ease their concerns.

“We are immediately going to help colleagues from different communities who are experiencing a difficult situation due to lack of potable water, food and clothing,” she told local Channel 2 television.

The new minister said that as a four-year-old girl she was captured in the jungle and was sold several times into forced labor with the families of large land owners.

She told the television station that she had also been sent to school, so she could read and write, and was now studying for a high school diploma.

The new minister also identified indigenous land rights as a priority, as well as protecting forests.

For an Indian the forest represents “his mother, his life, his present and future”, she said.

About 90,000 people say they belong to one of Paraguay’s estimated 400 Indian communities, in what is one of Latin America’s poorest countries, according to government figures.

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