Archive for the ‘homesexuality’ tag
Homosexuality in a legal loop
Earlier this month New Delhi’s highest court decriminalised homosexuality. Now, almost three weeks later, I worry that the legitimacy of that landmark ruling is in jeopardy.
Supreme Court advocate Janak Raj Jai has challenged the presence of Justice S Murlidhar on the court bench, claiming that he should not have taken part in this specific case because of his history with HIV/ AIDS advocacy.
In 1994, the Justice in question petitioned the High Court to outlaw Section 377 of Indian Penal Code on behalf of the organization AIDS Bedhav Virodhi Andolan. A law created by the British in 1861, Section 377 of IPC forbade homosexuality in India and has often been seen as an unnecessary legacy of the colonisers. (As many former British colonies have done, England and Wales legalised homosexuality in 1967).
While Janak Raj Jai wrote separate letters to Chief Justice of the Delhi High Court Justice A P Shah and Members of Parliament immediately before the case, I suspect that the outcome of the case has caused those condemning gay rights to take notice of this possible judicial impropriety.
I am a strong supporter of judicial prudence and although the ruling was largely symbolic—hardly anyone has been prosecuted under Section 377 in modern times. I am nonetheless saddened that such mudslinging is taking place. Bollywood stepped into the 21st century with Dostana and I think it’s time the rest of the country did so as well.
Contributed by Jenny Suzdak
