In India, today is an historic day: the highest Court in New Delhi has, in fact, decriminalized homosexuality. The court decided that section 377 of Indian Penal Code, which dates from the time of British rule and relates to sex against nature, is unconstitutional because it discriminates against homosexuals."Discrimination is the antithesis of equality" wrote the judges of the High Court of Delhi in a sentence of 105 pages, the first in India, which guarantees the rights for gays and lesbians. "It is the recognition of equality, which will promote the dignity of every individual," said the Court.
Now the decision must be accepted in parliament to become law. The goal, however, is very important because it erases a rule of 1861 colonial era. With that law, this kind of relationship are punished with imprisonment up to 10 years and in more severe cases even with life imprisonment.
Militant groups LGBT (lesbian, gay, bisexual and trasgender) together with non-governmental organizations are fighting for years to see this law repealed. In support of their argument had also explained how in the fight against AIDS was important the elimination of this measure. In India, in fact, there are millions of homosexuals at risk who, for fear of prison prefer not to report their condition and consequently not have access to necessary medical care.
It was the Department of Control of AIDS, which is part of the Indian Ministry of Health, to support the law (imposed by the British) which was endangering its prevention programs. And we talk of very high numbers because the Unaids said there would be around 2.4 million people infected by HIV in India, a very high percentage of the total 33 million infected worldwide.
It was a very important sentence which came just few days from the great event in favor of the rights of homosexuals organized last Sunday.
The news puts to silence the rumors that had followed in recent days that the Justice Minister Veerappa Molly announced that they are no longer willing to modify the decree. The surrender of the minister came after Maulana Abdul Khalik Madrasi, vice chancellor of a major Islamic school, in the northern state of Uttar Pradesh, recalled that "homosexuality is forbidden by Sharia law and prohibited in Islam."
The high court ruling has removed all doubt, and now a new law can lend a hand to the Indian gay. But a substantial aid could just give Raul Gandhi, general secretary of the Congress Party, which is considered a symbol for many young Indians. His celibacy is not usual for a young man of his age and his condition, and so he is considering as a person who goes beyond the pattern in a country very attached to traditions.
Gay hope Raul Gandhi will decide to give the patronage of the government, or at list of his party, at Gay Pride which is held every year in Mumbai: it may be a new sign of openness of the country towards homosexuals.
Indian Court Overturns Gay Sex Ban by Heather Timmons from NYTimes
Unaids welcomed historic decision by Delhi High Court to annual the law that criminalizes adult homosexual relations from UNAIDS
Marianna Lepore
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