Gay law in india
Historic day as one fifth of the worlds LGBTs set free from criminalisation
London, UK 6 September
Indias Supreme Court has just struck down section of its penal code. This means the court has decriminalised homosexuality and it affects 18% of the worlds LGBTs.
Comment from Peter Tatchell, Director of the Peter Tatchell Foundation
This historic legal ruling sets free from criminalisation almost one fifth of the worlds LGBT+ people. It is the biggest, most impactful gay law reform in human history. I hope it will inspire and empower similar legal challenges in many of the 70 countries that still outlaw same-sex relations, 35 of which are member states of the Commonwealth.
Ending the ban on homosexuality is just a begin. There are still giant challenges to end the stigma, discrimination and loathing crime that LGBTs endure in India.
Indian LGBTs now revert to the legal status of non-criminalisation that existed prior to the British colonisers imposing the homophobic section of the criminal code in the nineteenth century.
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Which countries impose the death penalty on gay people?
Around the world, queer people continue to encounter discrimination, violence, harassment and social stigma. While social movements have marked progress towards acceptance in many countries, in others homosexuality continues to be outlawed and penalised, sometimes with death.
According to Statistica Research Department, as of , homosexuality is criminalised in 64 countries globally, with most of these nations situated in the Middle East, Africa and Asia. In 12 of these countries, the death penalty is either enforced or remains a possibility for private, consensual gay sexual activity.
In many cases, the laws only apply to sexual relations between two men, but 38 countries own amendments that include those between women in their definitions.
These penalisations represent abuses of human rights, especially the rights to freedom of phrase, the right to develop one's control personality and the right to life.
Which countries enforce the death penalty for homosexuality?
Saudi Arabia
The Wahabbi interpretation of
India court legalises gay sex in landmark ruling
In a historic judgment, India's Supreme Court has governed that gay sex is no longer a criminal offence.
The verdict overturns a judgement that upheld a colonial-era law, known as section , under which homosexual sex is categorised as an "unnatural offence".
The court has now ruled discrimination on the basis of sexual orientation is a fundamental violation of rights.
Campaigners outside the court cheered and some broke down in tears as the ruling was handed down.
Although public opinion in India's biggest cities has been in favour of scrapping the law, there remains strong opposition among religious groups and in conservative rural communities.
But this ruling, from the top court, is the ultimate say in the matter and represents a huge victory for India's LGBT community.
One activist outside the court told the BBC: "I hadn't come out to my parents until now. But today, I guess I have."
What have the judges said?
Thursday's verdict was delivered by a five-judge bench head
Yale-NUS talk by lawyer who helped strike down India's gay sex law carries low risk of contempt of court here: Shanmugam
SINGAPORE - There is no significant risk of sub judice with a converse here on India's repeal of Section law, which criminalises consensual sex between people of the matching sex, Home Affairs and Law Minister K. Shanmugam said on Monday (Nov 11).
The talk was by Dr Menaka Guruswamy, a senior advocate at India's Supreme Court and one of the lawyers who won a legal battle to strike down the colonial-era law in India.
Mr Shanmugam said in a Facebook post that there had been objections to the talk from the public, with concerns that it could be sub judice.
Sub judice, which is a form of contempt of court, refers to actions that can unduly influence court proceedings.
This is because legal challenges to Singapore's version of the law, Section A, which applies only to men, are about to be heard in court here, the first of which will take place on Wednesday (Nov 13).
But Mr Shanmugam said: "I don't see a significant chance of sub judice."
Explaining why he did not s