First and foremost, there’s been some sloppy reporting, and lots of sloppy blogging, on this issue: The “Delhi High Court” is not the Supreme Court of India. It’s more like a state supreme court in the U.S. So the news that the DHC has essentially “pulled a Lawrence” and ruled that the country’s barbaric (i.e., Victorian) criminalization of same-sex intercourse violated several core constitutional provisions:
The court concluded that the challenged provision, infringes the right to privacy guaranteed by Section 21 of India’s Constitution as well as Section 14 (equality before the law) and 15 (discrimination on the basis of sex) of the Indian Constitution.
So this is clearly an “end of the beginning” situation rather than a “beginning of the end” (not even the U.S. can claim that status).
Meanwhile, let’s not lose sight of how this landmark (if local) decision is serving to unite and inspire the entire nation of India — in religiously commanded hatred and bigotry:
“This Western culture cannot be permitted in our country,” said Maulana Khalid Rashid Farangi Mahali, a leading Muslim cleric in the northern city of Lucknow.
…
Religious leaders in the capital and in other parts of India argued that gay sex should remain illegal and that open homosexuality is out of step with India’s deeply held traditions.“We are totally against such a practice as it is not our tradition or culture,” said Puroshattam Narain Singh, an official of the Vishwa Hindu Parishad, or World Hindu Council.
In New Delhi, Rev. Babu Joseph, a spokesman of the Roman Catholic Church, told New Delhi Television that while homosexuals should not be treated as criminals, “at the same time we cannot afford to endorse homosexual behavior as normal and socially acceptable.”
Progress? That’s a relative concept.
“I like your Christ. I do not like your Christians. They are so unlike your Christ.”
–Mohandas Gandhi
The case is Naz Foundation v. Government of NCT of Delhi (PDF – 105 pages).
Previously:
–Global Christians Race to the Bottom on Gay Bigotry
–Naked Bigotry Update: Pope Urges Anglicans to Reject Gays
3 responses so far ↓
Link jaysays // Jul 2, 2009 at 1:37 pm
This part, particularly the last sentence, should be repeated over and over and over again… but I'm too optimistic people would 'get it':
"The first records of sodomy as a crime at Common Law in England were chronicled in the Fleta,1290, and later in the Britton, 1300. Both texts prescribed that sodomites should be burnt alive. Acts of sodomy later became penalized by hanging under the Buggery Act of 1533 which was re-enacted in 1563 by Queen Elizabeth I,after which it became the charter for the subsequent criminalisation of sodomy in the British Colonies. Oralgenital sexual acts were later removed from the definition of buggery in 1817. And in 1861, the death penalty for buggery was formally abolished in England and Wales. However, sodomy or buggery remained as a crime 'not to be mentioned by Christians.'" [emphasis added]
If only they wouldn't mention it, we could all get on with our lives, eh?
Link Mark Zamen // Jul 4, 2009 at 7:10 pm
The court decision in India is a step in the right direction. It is no surprise that religious groups are rallying to prevent this advance from taking effect. This serves as yet another reminder that a large segment of society, both in the U.S. and abroad, still regards gay men and women as second-class citizens – or worse. That is the salient point of my recently released biographical novel, Broken Saint. It is based on my forty-year friendship with a gay man, and chronicles his internal and external struggles as he battles for acceptance (of himself and by others, including fellow Mormons). More information on the book is available at http://www.eloquentbooks.com/BrokenSaint.html.
Mark Zamen, author
Link Timothy (TRiG) // Jul 9, 2009 at 11:31 am
As I remarked on h2g2, there have been tolerant and intolerant remarks from both Christians and Muslims.
And many Islamic countries do not criminalise homosexual acts. (Indonesia, Turkey, Jordan, Tajikistan, Azerbaijan, Kyrgyzstan, Kazakhstan, Iraq, Mali, Niger, Tchad, Guinea-Bissau, and Albania.)
TRiG.