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  • India: "It Feels Good to Be Legitimate"
    Nikhil commented on the article | over 2 years ago

    Greg, the Delhi HC decision is considered monumental because if article 377 is abused in any other jurisdiction within India, then this decision can be quoted to safeguard the gay victim. Also, since there weren't any verdicts in the history of Indian penal judgments such as this before, most of such cases met with an undignified verdict for the gay victim.


    Informally, the Delhi HC's decision has the power to influence judgement in other jurisdictions as well. But, it will be Supreme Court's (SC) decision that will stand unchallenged thoughout the country.


    Gilbert, Delhi HC and SC are two different courts; the former is the highest in the Delhi State and the latter is the highest seat of justice in this country.


    Lee, I am not sure if you are implying that India was a British colony which is primarily muslim, or that in India there will be separate battle for justice for muslim gay people. For the former implication, you might replace India with Pakistan, and for the latter implication, we can just hope that this does not become a communal issue, with the Abrahamic religions blaming the indigenous faiths of corrupting 'the faithful'.

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