Last edited: September 06, 2004


Indian Activists to Challenge Anti-Gay Ruling

Daily Times, September 5, 2004
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NEW DELHI: Gay activists in India on Saturday vowed to challenge a High Court decision to dismiss a petition seeking to legalise homosexuality.

The petition, filed in December 2001, sought to overturn laws which make homosexuality between consenting adults punishable by up to 10 years in prison.

“After three years of going back and forth the High Court has thrown out our petition on the flimsiest and most baffling grounds,” Shaleen Rakesh from the Naz Foundation told AFP.

“But we are not prepared to sit back and accept what the court is throwing at us. We are studying legal options in front of us and will file a review petition in the High Court or take the matter to the Supreme Court,” he said.

The Naz foundation challenged India’s anti-gay laws after some of its members were harassed by police for handing out safe-sex brochures.

The court on Thursday ruled that the “validity of a law” cannot be challenged by anyone who is “not affected by it,” without further explanation.

Government lawyers earlier told the court that the abolition of the law “could result in delinquent behaviour” and the erosion of “strong Indian family values.” afp


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