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Court In India Strikes Down Law Banning Homosexuality

In India, the Delhi High Court today struck down as unconstitutional Section 377 of the Indian Penal Code insofar as it bans homosexual sexual acts in private between consenting adults.

The law at issue was enacted in the 19th century when India was a British colony. The challenge was brought by a group working on HIV/AIDS prevention. The court described petitioner’s contentions, in part, as follows:

Section 377 IPC is based upon traditional Judeo-Christian moral and ethical standards, which conceive of sex in purely functional terms, i.e., for the purpose of procreation only. Any non-procreative sexual activity is thus viewed as being “against the order of nature”.

Read the original article at: Religion Clause

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