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An 8-year-old battle for justice

Source: PTI
July 02, 2009 13:52 IST
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Following is the chronology of the eight-year-long legal proceedings, which ended on Thursday with the Delhi High Court legalising gay sex among consenting adults.

  • 2001: An NGO fighting for gay rights, Naz Foundation files a Public Interest Litigation seeking legalisation of gay sex among consenting adults.
  • September 2, 2004: Delhi High Court dismisses the PIL seeking decriminalisation of gay sex.
  • September 3, 2004: The gay right activists file review petition.
  • November 3, 2004: The HC dismisses the review plea.
  • December, 2004: Gay rights activists approach the apex court against the order of the high court.
  • April 3, 2006: The apex court directs the HC to reconsider the matter on merit and sends the case back to it.
  • October 4, 2006: The HC allows senior BJP leader B P Singhal's plea, opposing decriminalising gay sex, to be impleaded in the case.
  • September 18, 2008: Centre seeks more time to take stand on the issue after the contradictory stand between the Home and Health ministries over decriminalisation of homosexuality. The court refuses the plea and final argument in the case begins.
  • September 25, 2008: The gay rights activists contend that the government cannot infringe upon their fundamental right to equality by decriminalising homosexual acts on the ground of morality.
  • September 26, 2008: The court pulls up the Centre for speaking in two voices on the homosexuality law in view of contradictory affidavits filed by Health and Home ministries.
  • September 26, 2008: Centre says that gay sex is immmoral and a reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.
  • October 15, 2008: The high court pulls up the Centre for relying on religious texts to justify ban on gay sex and asks it to come up with scientific reports to justify it.
  • November 2008: Government, in its written submission before the high court, says judiciary should refrain from interfering in the issue as it is basically for Parliament to decide.
  • November 7, 2008: High court reserves its verdict on petitions filed by gay rights activists seeking decriminalisation of homosexual acts.
  • July 2, 2009: High court allows plea of gay rights activists and legalises gay sex among consenting adults.
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