In , the Supreme Court unexpectedly overturned the earlier judgment and once again made gay sex a crime. Enforcement of the law has been sporadic. A positive judgment would set a legal precedent across the 36 Commonwealth countries that still have draconian laws against gay sex. In , Kenya adopted a law like Section , and court proceedings that began this year may finally lead to the decriminalization of homosexuality. While the government wants to create a suave, digitally inclined, and modern-minded India that can compete with the rest of the world, many voters remain deeply conservative. July 24, , 6: In India, according to available public figures , in , 1, Section cases were recorded. That is what the court has stated and given directions that this be made available and known to everybody.
Major Hindu texts such as the Mahabharata and Ramayana are replete with such themes, and in several cases hijras are seen as demigods and celebrated for being in between genders. Even today, they make special appearances at occasions such as housewarmings, births, and marriages, demanding money for their blessings. Marriage and Sexuality in the 21st Century. But if Section were revoked, the space for various other civil rights, such as the right to marriage, property, and adoption, would open up for LGBT people. National Crime Records Bureau data show that cases—a majority—were crimes committed against children, rather than consensual sex among adults. In , the Naz Foundation went to court to challenge the validity of Section , arguing that the law violated the Indian Constitution by depriving citizens of their rights to equal treatment under the law. There is a fierce backlash against modernity and Westernization, as well as a growing tension between the old and the new. One LGBT group, the Humsafar Trust, said its crisis response team in Mumbai had attended to 18 cases in the past two years of gay men who were being blackmailed by the police or by people threatening to report them to authorities. Although these numbers are not huge, according to Anjali Gopalan, a founder of the Naz Foundation, a gay rights and HIV advocacy organization, the police and other authorities use Section to harass, exploit, and extort. Ira Trivedi is the author of nine books, including India in Love: Pinterest Indian activists celebrate after the hearing. In , there was a Sex education is urgently needed, but official government documents come out against it and recommend yoga and naturopathy. July 24, , 6: The announcement of the decision drew loud cheers from a crowd gathered on a lawn outside the supreme court. The Delhi high court ruled against the ban in but was that overturned four years later by the supreme court. Premarital sex is becoming both more common and more commonly discussed in the media, but organized spaces for young people to talk about sex and gender are few and far between. Based on the proceedings so far, rainbow flags are waving. Couples are choosing to make their own marital choices, but so-called honor killings have soared by an estimated percent. In , the Supreme Court unexpectedly overturned the earlier judgment and once again made gay sex a crime. In , Kenya adopted a law like Section , and court proceedings that began this year may finally lead to the decriminalization of homosexuality. In India, according to available public figures , in , 1, Section cases were recorded. Contrary to the acceptance and at times celebration of transgender people, homosexuality has historically been taboo in Indian culture—possibly because of the traditional emphasis placed on family and the continuation of family lines through reproduction. Cases filed in and bounced back and forth for years between courts reluctant to rule on the issue. It said it had received at least 52 reports of LGBT people experiencing harassment or discrimination in the workplace who were unable to report it because of the ban on homosexuality. As India barrels into the 21st century, a progressive, fast-urbanizing, and young country is fighting for change against conservative, traditional forces struggling to maintain their control. India already has a complex legal system in which each religion has a parallel legal system of personal laws that govern civil laws.
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