UPDATE: India's Decriminalization Of Homosexuality DOES Apply Nationwide

Joe My God  Jul 03 09

Contrary to earlier reports that the Dehli High Court's ruling to decriminalize homosexuality only applied in the National Capital Territory, today the India Times reports that the ruling does indeed apply nationwide. Since a high court has a limited territorial jurisdiction, is homosexuality decriminalized only in Delhi or the whole country? Although legal pundits are divided on this, the law laid down by a 2004 SC judgment implies that homosexuals across the country may rest assured that they too are entitled to the benefits of the historic Delhi high court decision on Section 377 IPC. In Kusum Ingots vs Union of India, a three-judge bench of the Supreme Court had ruled: “An order passed on writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, will have effect throughout the territory of India subject of course to the applicability of the Act. Full story...

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