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Even as the UPA government debates the repealing of Section 377 of the Indian Penal Code, the Delhi High Court has taken the lead in decriminalising homosexuality in a litigation initiated by a coalition of civic groups called Voices Against 377.

In a verdict that many did not believe they would see in their lifetime, the Delhi High Court awarded a judgement repealing the law that criminalises homosexuality or consensual gay sex between adults. Justice S. Muralidhar cited the tenets of inclusion enshrined by our first Prime Minister Shri Jawaharlal Nehru. According to the judgement:

“This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society… Those perceived by the majority as ‘deviants' or ‘different' are not on that score excluded or ostracized. Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and nondiscrimination.”

The judgement stated that the impunged Section 377 IPC, which "criminalized consensual sexual acts of adults in private'', violated fundamental rights to personal liberty (Article 21 of the Constitution) and equality (Article 14) and prohibition of discrimination (Article 15).  

According to Aravind Narain of Alternate Law Forum, (ALF) one of the lawyers who fought for the order said, "It is a historic day. It has been 60 years since India got independence but it's only now that transgender and gays, in a true sense, have become full citizens of India. The order has restored their sense of dignity.”

In a rare show of unity, religious groups which usually have antithetical views have ironically spoken out against the verdict with one voice:

The spokesperson for the Catholic Bishops Conference of India, Babu Joseph said, "Homosexual relations and groups are advocating a new concept of family which is not self sustaining, not good for the future and the society. We will join other groups voicing similar concerns."

Ahmed Bukhari, chief cleric at the country's largest mosque, the Jama Masjid said, “This is absolutely wrong. We will not accept any such law.” Jamiat-e-Ulema-e-Hind's Maulana Mehmud Madani said "Homosexuality is Haram (prohibited) and an immoral act. It is unnatural. It is a punishable offence in Shariat. It is against the age old traditions and culture of India and of Islam."

Similarly VHP leader, Giriraj Kishore has condemned the verdict saying "Customs and traditions are broken,” adding that “It will increase AIDS." Puroshattam Narain Singh of the World Hindu Council said, “We are totally against such a practice as it is not our tradition or culture.”

If only our religious leaders would speak with one voice about other issues that really matter…

Quotes from: http://timesofindia.indiatimes.com/India-decriminalises-gay-sex/articles...
http://www.theglobeandmail.com/news/world/delhi-decriminalizes-homosexua...
http://ibnlive.in.com/news/religious-leaders-condemn-hc-judgement-on-gay...