Obstructing individual freedom and criminalising their intimate moments cannot help to achieve this objective. It is a black day for the community," Arvind Narayan, a lawyer of the Alternative Law Forum gay rights group, told reporters. But the intense debate in the society and the media appears to have forced the political class to change its stance. Search SC hearing on gay sex: All these developments allude to the change in the mindset of the top court and the government. Dec 11, ,
The judgment was, however, welcomed by Amod Kanth, general secretary of Prayas, who was one of the petitioners against the Delhi high court verdict. Even otherwise, Congress has openly supported legalising homosexuality. The role of the State and society is to provide congenial atmosphere to individuals to make them realise their potential so as to give their best to the society. After eluding it for years, political consensus is building on the issue. Gay rights activists who were inside the courtroom were visibly upset while some outside broke down and hugged each other in consolation. It is a black day for the community," Arvind Narayan, a lawyer of the Alternative Law Forum gay rights group, told reporters. What is forbidden in religion need not be prohibited in law. International developments There have been many positive developments in favour of LGBT community on the international front. The NDA government has prepared a draft law recognising the rights of transgenders with a view to ensure they are not discriminated against. Obstructing individual freedom and criminalising their intimate moments cannot help to achieve this objective. All you need to know about Section Homosexuality is considered a taboo in a largely conservative Indian society which appears to be divided on the controversial issue. The law Section of IPC -- which came into force in -- defines unnatural offences. She questioned the "double standards" of the apex court in dealing with human rights issues after it quashed a Delhi high court verdict and made gay sex illegal and a punishable offence again under Section IPC. Search SC hearing on gay sex: Supreme Court pronounces gay s Child abuse and Section Many child rights activists had criticised the Delhi HC verdict de-criminalising homosexuality on the ground that Section was needed to be on the statute book to tackle cases of child abuse. All these developments allude to the change in the mindset of the top court and the government. Underlining the need to bring them into the mainstream, it said they should have all rights under law, including marriage, adoption, divorce, succession and inheritance. The SC verdict criminalising homosexual acts goes against established constitutional principles of personal liberty, equality before law and non-discrimination on the basis of sex or sexual preferences. Near home, Nepal legalized homosexuality in and the new Constitution of the country too gives many rights to the LGBT community. The fact that the top court has departed from established practice of not hearing oral submissions on curative petitions is perhaps a judicial acknowledgement of changing social realities on the contentious issue. PM Narendra Modi on transgenders In November , Prime Minister Narendra Modi had regretted the deplorable condition of transgenders in Indian society and said governments needed to change their outlook.? Dec 11, , Anjali Gopalan, founder of a NGO Naz Foundation that was the first to file the petition for decriminalizing section , said she was "shocked" by the ruling. Advocate Anand Grover, who had argued the case, said Naz Foundation would file a petition for a review of the top court's decision. Law and morality Those against legalising homosexuality argue that it is against the moral values of the society. When it is a question of human rights, why send it to the Parliament when the Supreme Court is itself the observer of the human rights," she commented after the verdict.
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