asamvav111 posted this depressing news item today

http://www.bbc.co.uk/news/world-asia-india-25329065

India's top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights. The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts. The court said it was up to parliament to legislate on the issue.

According to Section 377, a 153-year-old colonial-era law, a same-sex relationship is an "unnatural offence" and punishable by a 10-year jail term. Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling.

Correspondents say although the law has rarely - if ever - been used to prosecute anyone for consensual sex, it has often been used by the police to harass homosexuals. Also, in deeply conservative India, homosexuality is a taboo and many people still regard same-sex relationships as illegitimate.

The BBC's Sanjoy Majumder in Delhi says some politicians have spoken out against the court decision - but many believe it is going to be difficult for them to take on the anti-gay lobby.

A 153-year-old colonial law describes a same-sex relationship as an "unnatural offence"

'Black day'

"It is up to parliament to legislate on this issue," Justice GS Singhvi, the head of the two-judge Supreme Court bench, said in Wednesday's ruling, which came on his last day before retiring. "The legislature must consider deleting this provision (Section 377) from law as per the recommendations of the attorney general," he added. India's Law Minister Kapil Sibal told reporters the government would respect the ruling but did not say whether there were plans to amend the law. Correspondents say any new legislation is unlikely soon - general elections are due next year.

Gay rights activists have described Wednesday's Supreme Court ruling as "disappointing" and said they would approach the court to review its decision. "Such a decision was totally unexpected from the top court. It is a black day," Arvind Narrain, a lawyer for the Alternative Law Forum gay rights group, told reporters. "We are very angry about this regressive decision of the court," he said. "This decision is a body-blow to people's rights to equality, privacy and dignity," G Ananthapadmanabhan of Amnesty International India said in a statement. "It is hard not to feel let down by this judgement, which has taken India back several years in its commitment to protect basic rights," he added.

However, the ruling has been welcomed by religious groups, particularly leaders of India's Muslim and Christian communities, who had challenged the Delhi High Court order.

Many

Many religious and political groups had opposed decriminalisation of gay sex

"The Supreme Court has upheld the century-old traditions of India, the court is not suppressing any citizen, instead it is understanding the beliefs and values of the large majority of the country," Zafaryab Jilani, member of the All India Muslim Personal Law Board, told BBC Hindi. In its 2009 ruling, the Delhi High Court had described Section 377 as discriminatory and said gay sex between consenting adults should not be treated as a crime. The ruling was widely and visibly welcomed by India's gay community, which said the judgement would help protect them from harassment and persecution.

Analysis - by Geeta Pandey BBC News, Delhi

The Supreme Court ruling has come as a huge surprise for activists who have described it as "retrograde" and say this is "a black day" for gay rights in India. They have campaigned for years for acceptance in India's deeply conservative society and many have vowed to carry on the fight for "their constitutional right". Nobody expected the Supreme Court, often seen as a last recourse for citizens faced with an unresponsive government, to reverse an order many had hailed as a landmark. As Justice GS Singhvi announced the order, activists and members of the gay and lesbian community present outside the court began crying and hugging each other. Some asked if after the court ruling, they had become criminals.

I am deeply ashamed to say my country is to blame for imposing this terrible law under British Rule of India. This law has nothing to do with India's traditions but everything to do with Victorian obsessions about sex - a poisonous obsession that was exported across the World, and in many countries - including the US - this still prevails. This outdated, imposed and irrelevant law is as relevant to India as the court saying India should once again be a British colony. Ridiculous and very very sad.

But we are seeing progress being turned back in an alarming number of countries: Russia, India, Nigeria - the list is deeply worrying. And at the root of it all seems to be religion. We need to remember that "progress" can be a two way street

There is a real problem with words like "democracy" and also "terrorism" - these words are being used more and more to justify repressive measures against minorities.

People often mistake democracy for the "will of the majority". But it isn't. At least not in a plural, healthy and culturally diverse society. Because "will of the majority" inevitably leads to tyranny of minorities. All of them. Because all societies have lots and lots and lots of minorities. And everyone falls into one or more minorities at some time or other. So next time "the majority" could be coming for "you". People need to be reminded of that