Court decriminalizes homosexuality amid protests

In what may displease the church and lead religious groups on the warpath, an Indian court on Thursday decriminalized gay sex on grounds that it violates fundamental rights of the people.

The landmark judgment was rendered by the Delhi High Court which declared that homosexual sex among consenting adults was not a crime.

"We declare section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution," a Bench comprising Chief Justice A P Shah and Justice S Murlidhar was quoted saying.

The judges were responding to a petition filed by a leading gay right group that called for the scrapping of Section 377 of the Indian Penal Code.

The 150-year-old British colonial-era law rules that homosexuality and "unnatural sex" are criminal acts and must be punishable with an imprisonment of 10 years.

The petitioners argued that the law violates their right to equality and personal liberty enshrined in the Constitution. They also pointed that they faced harassment and social ostracisation in a country proud for its democratic credentials.

Giving its verdict, the High Court declared: "Discrimination is antithesis of equality" and "it is the recognition of equality which will foster dignity of every individual."

But for religious groups and conservative Indians, the decision is objectionable and unacceptable.

Expressing disapproval, the general secretary of the National Council of Churches in India, told Christian Today, homosexuality "is against our religion and is forbidden in the Bible."

And representing the Catholic Church, Father Dominic Emmanuel said, the church is against legalising it "because what they do is unnatural and against the design and will of God."

The same goes with the Muslim community that strongly came against the verdict of the High Court. "No Muslim world including India can ever support it. Islam is totally against it and does not allow any unnatural act," said Kamal Faruqui of India's Muslim Personal Law Board.

Meanwhile, UNAIDS Executive Director Michel Sidibe welcomed the decision and said, "it sends a positive message to countries where such law exist."

Sidibe said the verdict would help improve health conditions and fight the deadly HIV virus that has affected over 2.5 million people in the country.