Tuesday, July 7, 2009

What next?

News: "The Delhi high court ruled July 2 to decriminalize homosexuality in the Indian capital, a groundbreaking decision that could bring more freedom to gays in this deeply conservative country. The Delhi High Court ruled that treating consensual gay sex as a crime is a violation of fundamental rights protected by India's constitution. The ruling, the first of its kind in India, applies only in New Delhi."
Now, if the same issue comes up in any other state high court and the gay community supports its argument with the fact that the Delhi court has allowed it and if the state high court rules against the Delhi high court, won't this be appealed in the supreme court as two different high courts have ruled differently for the same problem? As this issue is much beyond the Delhi demographic region, shouldn't the Delhi high court passed this on to the supreme court or shouldnt its result be applied to the whole of India till another opposing rule comes from another high court.
I am not sure if the default status of consensual gay sex in India is a crime if there is such a law in the first place at all.
Maybe gay Delhites will have temporary relief but there should be an easiness that the supreme court has not yet ruled in the gay's favour.

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