Gay sex ‘not criminal’ 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.

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.

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

Huge statue of Roman ruler found

Marcus Aurelius ruled over the empire for 19 years

Parts of a giant, exquisitely carved marble sculpture depicting the Roman emperor Marcus Aurelius have been found at an archaeological site in Turkey.

Fragments of the statue were unearthed at the ancient city of Sagalassos.

So far the statue’s head, right arm and lower legs have been discovered, high in the mountains of southern Turkey.

Marcus Aurelius was portrayed by Richard Harris in the Oscar-winning 2000 film Gladiator and was one of the so-called “Five Good Emperors”.

He reigned from 161AD until his death in 180AD.

In addition to his deeds as emperor, Marcus Aurelius is remembered for his writings, and is considered one of the foremost Stoic philosophers.

The partial statue was unearthed in the largest room at Sagalassos’s Roman baths.

The cross-shaped room measures 1,250 sq m (13,500 sq ft), is covered in mosaics and was probably used as a frigidarium – a room with a cold pool which Romans could sink into after a hot bath.

It was partially destroyed in an earthquake between 540AD and 620AD, filling the room with rubble. Archaeologists have been excavating the frigidarium for the past 12 years.

The dig is part of wider excavations at the ruined city, which was once an important regional center.

Imperial gallery

Last year, the team led by Prof Marc Waelkens, from the Catholic University of Leuven in Belgium, uncovered fragments of a colossal marble statue of the emperor Hadrian in the rubble.

This month, the researchers found a huge head and arm belonging to Faustina the Elder – wife of the emperor Antoninus Pius.

Archaeologists now think the room hosted a gallery of sculptures depicting the “Antonine dynasty” – rulers of Spanish origin who presided over the Roman Empire during the second century AD.

The emperor wore army boots decorated with lion skins

Early on 20 August, a huge pair of marble lower legs, broken just above the knee, turned up in the debris.

They also found a 1.5m-long (5ft-long) right arm and hand holding a globe which was probably once crowned by a gilded bronze “Victory” figure.

But it was the giant marble head which identified this statue as the young Marcus Aurelius. The colossal head, which is just under 1m (3ft) in height, is said to bear his characteristic bulging eyes and beard.

Prof Waelkens said the pupils were gazing upwards “as if in deep contemplation, perfectly fitting of an emperor who was more of a philosopher than a soldier”.

He added that this was one of the finest depictions of the Roman ruler.

The emperor wore exquisitely carved army boots decorated with a lion skin, tendrils and Amazon shields.

The torso was probably covered in bronze Armour filled inside with terracotta or wood. When the niche’s vault collapsed in the earthquake, the torso would have exploded.

Bath complex

The statue of Hadrian was found lying halfway down in the frigidarium‘s rubble.

This initially led archaeologists to think it had been hauled in there from another part of the huge bath complex, perhaps to remove its gilded bronze armour, or to burn the huge marble pieces to make cement in a nearby lime kiln.

However, they now think sculptures of Hadrian, his wife Vibia Sabina, another Roman emperor Antoninus Pius, his wife Faustina the Elder, and Marcus Aurelius all once adorned niches situated around the room.

There were three large niches on both the western and eastern sides. The fragments of Hadrian’s statue were found near the south-west niche.

The front parts of two female feet were discovered in the opposite niche, on the room’s south-eastern side.

The remains of a globe can still be seen, cupped in the right hand

The archaeologists now think these belonged to a colossal figure of Vibia Sabina, who was forced into marriage with the homosexual Hadrian at the age of 14.

Remains of the statue depicting Faustina the Elder were found further along, on the eastern side.

In the opposite niche, they found the front parts of a pair of male feet in sandals, which could belong to her husband, Antoninus Pius – who succeeded Hadrian as emperor.

The experts suggest Antonine emperors occupied niches on the western side of the room, while their spouses stood opposite, on the east side.

Five good emperors

After the discovery of Faustina and her male counterpart, the archaeologists guessed the north-western niche would contain a colossal statue of Marcus Aurelius – the longest-surviving successor of Antoninus Pius.

The discovery on Wednesday confirmed this prediction, and suggests the north-eastern niche may contain remains of a statue depicting Faustina the Younger, Marcus Aurelius’s wife.

Archaeologists will get the opportunity to excavate this part of the room next year.

The statue of Marcus Aurelius stood in the north-western niche

Despite his philosophical leanings, Marcus Aurelius had to spend much of his reign fighting Germanic tribes along the Austrian Danube where, in  180AD, he died in nearby Carnuntum.

The part of Marcus Aurelius in Gladiator was one of Richard Harri’s last roles (the actor died in 2002). Although much of the storyline is fictional, it is set against an historical backdrop of the imperial succession from Marcus Aurelius to his son Commodus.

While Marcus Aurelius is considered, along with Nerva, Trajan, Hadrian and Antoninus Pius, as one of Rome’s Five Good Emperors, Commodus’s reign was marked by internal strife, cruelty and conspiracies.

Commodus took part, naked, in gladiatorial battles – which he always won. Opponents, whose lives were apparently spared, would eventually submit to the emperor.

He was murdered in 192AD – not by a general called Maximus, but by an athlete named Narcissus, sent by conspirators to strangle the megalomaniac emperor in his bath.