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Beginning of new battle: Gay activist

11 Dec 2013, 10:10 am Print

Beginning of new battle: Gay activist
New Delhi, Dec 11 (JEN) While a verdict of the Supreme Court on Wednesday once again criminalizing gay sex in India has been received with outrage, activist-petitioner Gautam Bhan said the battle will start all over once again.

"This is the beginning of new battle," said the activist speaking to media after the verdict came out shocking the gay community and human rights activists.

 
"I am disappointed for all of us and not just LGBT people. It is like taking back what was given and saying some people are worth less," said Bhan, an urban planner by profession who immediately posted on his Facebook page a gathering against the verdict at Jantar Mantar in New Delhi at 4-30 pm. 
 
"It is a misreading of global trend and fundamental history of people. It is uncomfortable and hurtful feeling," he said, a day after he expected a favourable judgement and posted how the movement will progress "inch by inch".

"Who should I go to ask if a criminal law violates my fundamental rights. It is incredibly frightening," he said.

"What is daunting is the sense of isolation and fear," he said adding that the community will go to streets and fight for themselves. 
 
"People will come together to oppose it and it is a moment for us," he said.
 
Across gay activists and rights groups are planning protest meetings.
 
In Kolkata, the gay community is meeting at around 3 pm before the Academy of Fine Arts to share their concerns. 

In a huge setback to the gay rights movement in India, the Supreme Court  set aside a landmark pro-LGBT judgement of Delhi High Court in 2009, by ruling that homosexuality would continue to remain illegal in the country and would not be constitutionally invalid.

Four and half years after the landmark judgement by the Delhi High Court, the Supreme Court bench of Justices GS Singhvi and SJ Mukhopadhaya said it will remain a criminal offence and passed the ball to the legislature holding that it was up to them to make changes in the laws.

"The SC today set aside the judgement of the Delhi High court which clearly shows that Section 377 of IPC is a Constitutionally valid provision of law," said a lawyer in the case.

The judgement was received with shock by the human rights groups. "It is retrograde judgement. I am in total shock," said human rights lawyer Colin Gonsalves.

Gay filmmaker Onir said: "It is really, really sad. I am extremely, extremely disappointed."

The rights group would now challenge the division bench order with a curative petition. "It is not end of road I think," said Onir as activists said it is a black day for human rights in India.

The Delhi High Court verdict of July 2009 had not been challenged by the Government of India. Since then it is like a law in India. But the SC verdict changed all that and gay sex will again be illegal in India.

The Delhi Court had read down Section 377 of the Indian Penal Code that criminalized homosexuality, ruling that gay sex between two consenting adults in private is not an offence.

India's LGBT groups and HIV/AIDS fighters had been be vocal about decriminalizing homosexuality, which is a legacy of the British colonial law.

Section 377 has been used by the police and other groups to harass homosexuals.

While various religious and other orthodox groups are against legalizing gay sex in India, the rights groups were expecting a favourable verdict.

The Supreme Court had reserved its order on the issue in March last year.