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The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

Another Huge Step Toward Liberation

By The Daily Dish
Jul 2 2009, 12:04 PM ET

India legalizes gay sex. I think that liberates more gay men and women in one fell swoop than ever before in human history. It's not equality, of course. And homophobia is still rife. But it's a big, big deal if you care about human rights and human dignity:

A bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law. The court said that this judgement will hold till Parliament chooses to amend the law. "In our view Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are... It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual," the bench said in its 105-page judgement.

--- AS.



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