Friday, July 17, 2009

Delhi High Court Decision Applies Throughout India

India We reported on July 2, 2009 that the Delhi High Court, in a landmark decision, ruledthat the sodomy law (Section 377 of the Indian PenalCode) was unconstitutionall under Indian law.  It is a beautiful decision (particularly the last parts) and well worth reading.  We posted a link to it previously in this post.  Click here to read that earlier post, which includes excerpts from the decision and a link to the full court opinion.  In its landmark decision, the Delhi High Court ruled that India's sodomy law could no longer be enforced between consenting adults of the same sex.

Newspapers in the United States and other countries reported about the Indian sodomy law decision, but most of those reports wrongly suggested that the decision was limited only to Delhi.  William Kelley has shared with us a link to a newspaper in India that supports the view that the decision does indeed apply to all of India.  This means that the decision decriminalized same-sex relationships for roughly 17 percent of world's population. Click here to read more.  Reports that the decision is limited only to Delhi simply "got it wrong."  The decision applies throughout India, and rightfully so (as you can see by reading the 105-page decision!).

Hat tips to Rex Wockner and William Kelley.

(mew)

http://lawprofessors.typepad.com/international_law/2009/07/delhi-high-court-decision-applies-throughout-india.html

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