India decriminalizes homosexual acts in landmark verdict
Recent Cases
India's Supreme Court on Thursday struck down a colonial-era law that made gay sex punishable by up to 10 years in prison, a landmark victory for gay rights that one judge said would "pave the way for a better future."
The 1861 law, a relic of Victorian England that hung on long after the end of British colonialism, was a weapon used to discriminate against India's gay community, the judges ruled in a unanimous decision.
"Constitutional morality cannot be martyred at the altar of social morality," Chief Justice Dipak Misra said, reading the verdict. "Social morality cannot be used to violate the fundamental rights of even a single individual."
As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags.
"We feel as equal citizens now," said activist Shashi Bhushan. "What happens in our bedroom is left to us."
In its ruling, the court said sexual orientation was a "biological phenomenon" and that discrimination on that basis violated fundamental rights.
"We cannot change history but can pave a way for a better future," said Justice D.Y. Chandrachud.
The law known as Section 377 held that intercourse between members of the same sex was against the order of nature. The five petitioners who challenged the law said it was discriminatory and led to gays living in fear of harassment and persecution.
Jessica Stern, the executive director of the New York-based rights group OutRight Action International, said the original law had reverberated far beyond India, including in countries where gay people still struggle for acceptance.
"The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world," she said in a statement, saying "today's historic outcome will reverberate across India and the world."
The court's ruling struck down the law's sections on consensual gay sex, but let stand segments that deal with such issues as bestiality.
Related listings
-
Senate begins final day of Supreme Court nominee hearings
Recent Cases 09/08/2018Senators began the fourth and final day of hearings for Supreme Court nominee Brett Kavanaugh on Friday, but with the nominee finished answering questions the day they seemed unlikely to alter his path to confirmation.Senate Democrats worked into the...
-
Austrian court's approval for spy agency raid was illegal
Recent Cases 08/28/2018Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal.The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified b...
-
Kavanaugh's support for surveilling Americans raises concern
Recent Cases 08/26/2018Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.It's a subject Democrats plan to grill Kavanaugh...
Forte Law Group is a trusted resource to protect your child’s needs.
Based on the culmination of ongoing state, municipal and board of education budget cuts, coupled with school districts having to do more with less resources, the current climate within schools often dictates that you may require a special education attorney to achieve the best results when advocating for your child’s right to a free appropriate public education. Coupled with increasing class sizes, your child may slip through the cracks within the school system itself and not be receiving an appropriate education with measurable goals and objectives.
A Connecticut Special Education Attorney Knows the Law
Often is the situation that there already exists a high level of frustration and contention between the family and school when special education and related services are not being appropriately delivered. Many times, the relationship between family and school results in an adversarial environment that is not conducive towards a team approach for the benefit of your child’s needs.