In , the Naz Foundation went to court to challenge the validity of Section , arguing that the law violated the Indian Constitution by depriving citizens of their rights to equal treatment under the law. In , there was a Even today, they make special appearances at occasions such as housewarmings, births, and marriages, demanding money for their blessings. In , the Supreme Court unexpectedly overturned the earlier judgment and once again made gay sex a crime. A positive judgment in Kenya, combined with the Indian precedent, might lead the way for other African nations.
Countries that continue to punish homosexuality based on similar colonial-era laws include Botswana, Cameroon, Gambia, Kenya, Pakistan, and Bangladesh. In India, according to available public figures , in , 1, Section cases were recorded. It may seem strange that India is so progressive when it comes to trans rights yet remains regressive when it comes to gay rights, but the answer lies in Indian history. Young Indians are building up the self-confidence to come out of the closet, but laws such as Section make it unsafe for them to so. As a result, it has kicked the issue over to the courts instead of taking it up through legislation. As India barrels into the 21st century, a progressive, fast-urbanizing, and young country is fighting for change against conservative, traditional forces struggling to maintain their control. Couples are choosing to make their own marital choices, but so-called honor killings have soared by an estimated percent. The right-wing government, headed by the Hindu nationalist Bharatiya Janata Party, has not helped the matter. A positive judgment in Kenya, combined with the Indian precedent, might lead the way for other African nations. While the government wants to create a suave, digitally inclined, and modern-minded India that can compete with the rest of the world, many voters remain deeply conservative. Premarital sex is becoming both more common and more commonly discussed in the media, but organized spaces for young people to talk about sex and gender are few and far between. Since the passing of the bill, many trans people have taken political office and other important roles; India has an openly transgender mayor and MP. Even today, they make special appearances at occasions such as housewarmings, births, and marriages, demanding money for their blessings. Ira Trivedi is the author of nine books, including India in Love: In , Kenya adopted a law like Section , and court proceedings that began this year may finally lead to the decriminalization of homosexuality. National Crime Records Bureau data show that cases—a majority—were crimes committed against children, rather than consensual sex among adults. But if Section were revoked, the space for various other civil rights, such as the right to marriage, property, and adoption, would open up for LGBT people. A positive judgment would set a legal precedent across the 36 Commonwealth countries that still have draconian laws against gay sex. In , the Naz Foundation went to court to challenge the validity of Section , arguing that the law violated the Indian Constitution by depriving citizens of their rights to equal treatment under the law. Contrary to the acceptance and at times celebration of transgender people, homosexuality has historically been taboo in Indian culture—possibly because of the traditional emphasis placed on family and the continuation of family lines through reproduction. Given the momentum of this revolution, change is inevitable, and the ruling on will hopefully herald an era of openness while signaling the decline of old restrictions. This Supreme Court judgment was formed by a bench of just two members and was headed by Justice G. Marriage and Sexuality in the 21st Century. In , there was a Enforcement of the law has been sporadic.
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