Indien: Ny strid om homoseksuelles rettigheder

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Stærke kræfter arbejder imod en liberalisering efter at de øverste retsinstanser tidligere har ophævet en gammel lov fra kolonitiden, der forbyder homoseksuelle forhold. India’s home ministry has disowned (nægtet at vedkende sig) an apparent call from a government lawyer for a landmark ruling in 2009 decriminalising gay sex to be overturned. Additional Solicitor General PP Malhotra had told the Supreme Court that homosexuality was immoral, BBC online reports Thursday The Supreme Court is hearing challenges from groups opposing the new law. The Delhi High Court ruling in 2009 overturned a 148-year-old colonial law which described a same-sex relationship as an “unnatural offence”. The ruling was welcomed by India’s gay community, which said the judgement would help protect them from harassment and persecution. But political, social and religious groups want the colonial-era law reinstated. Eyebrows were raised when Mr Malhotra appeared to take their side, telling the Supreme Court: “Gay sex is highly immoral and against social order and there is high chance of spreading of diseases through such acts.” He said that India could not imitate Western practices. Many people in India still regard same-sex relationships as illegitimate, but rights groups have long argued that the law contravened human rights. “So who is the expert to say what is ‘unnatural sex’? The meaning of the word has never been constant,” Justices GS Singhvi and SJ Mukhopadhyaya asked a petitioner who challenged the judgement. “We have travelled a distance of 60 years. Now it is test-tube babies, surrogate mothers. They are called discoveries. Is it in the order of nature? Is there carnal intercourse?” the judges asked.