Baby steps?

This was some great news that filtered in today. Finally there is sign that we are moving away from ages old regressive and unequal laws.

But here’s my doubt. Any lawyers or people on the know reading, please do throw some light.

Isnt a ruling in a High Court binding only in the state? Isnt it incorrect to say gay sex is legal in India just yet? Isnt there some way to go before this is made applicable all over India? And one more thing is how do you get it to apply all over India, file the same case (Was it a PIL?) in the Supreme Court? Or if the government goes on appeal in the Supreme Court and loses, then will it automatically apply?

Whatever it is, brilliant stuff Delhi High Court!

Edited to add:

Here’s an explanation to my question I posted on Gaysifamily from Jane Doe:

“Generally, the judgement of a HC is binding in absence of a SC judgement on the same topic or the judgement of another HC. A SC judgement is law while in the presence of conflicting lower court judgement, it would depend on the merits of the individual case. The judgement of the Delhi HC stands good for the entire country, unless and until the matter is raised before a different HC, wherein it is of immense pursuasive value. Currently being the only case on the issue, it stands.

Also the judgement stands, until the legislature amends the law. Also, the matter was referred back to the Delhi HC by the SC which disapproved of the HC’s dealing of the case on grounds that the petitioner was not an affected party & such matters on ‘academic grounds’ cannot be entertained. An appeal must lie to the SC, and the result of such judgement shall be binding on all courts in the country.”

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3 Responses

  1. WOOHOO!!!

    Indeed!!

  2. glad things are changing in india. But just a law woul’dnt make much difference. Social acceptance is what matters and that will take time I suppose.

    Yeah these are indeed baby steps…social acceptance as you said is going to take time…I just wish people didnt have to fight for basic rights that bulk of the population takes for granted

  3. Thought I’ll share this here:
    What’s Your Sexual Orientation Tonight?

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