Talk:Homosexuality in India

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Homosexuality in India was the Indian collaboration of the week for the week starting on November 25, 2005.

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I'm baffled by the statement Homosexual behavior itself is not against the law, while the act technically is. What "homosexual behavior" is not against the law, if homosexual sex is? Hand-holding? Kissing? Shopping? Or does the sentence mean to say "A homosexual orientation itself is not against the law"? --Angr (t·c) 09:03, 30 November 2005 (UTC)

Probably it alludes to eunuchs, who have had a long history running across centuries and transvestites?? and btw, would a discussion about eunuchs be par for this article?? --Gurubrahma 10:27, 30 November 2005 (UTC)

It probably alludes to the fact, that homosexuality is not specifically mentioned in any Indian statue. So technically, a person cannot be prosecuted for being gay. The law that criminalises homosexuality actually mentions unnatural sex and sodomy and actually equates homosexuality with sodomy (an age-old misconception). See http://www.hsph.harvard.edu/Organizations/healthnet/SAsia/suchana/0909/rh374.html

--Pamri • Talk 12:14, 30 November 2005 (UTC)

I believe I read a (very small) article in a paper (around the time of the petition) about how NGOs for street kids depended upon Sectin 377 for prosecuting homosexual child abusers in India, since the terms for rape are defined only for penile-vaginal intercourse.--Sshankar 08:45, 9 June 2006 (UTC)

[edit] Legal challenge

"However, this does not rule out the possibility of some other High Court ruling on this section or even the Supreme Court in a "Public Interest Litigation" (PIL)." ...Surely that is exactly what the 2003 decision on that NGO's standing to litigate the issue does rule out? I don't know Indian law, but that would be my understanding of the effect of the decision from the paragraph as it stands. ----

This article has several inaccuracies. According to Hindu Marriage Law, as long as you can prove previous precedence for a marriage, it can be registered as a "lawful" wedding. I don't remember the exact verbage, but I studied this in college. I do know of same-sex couples in India who are legally wedded.