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SsiSsiSsiSsi t1_j0xmedi wrote

Good luck with that, India isn’t exactly becoming more tolerant or accepting these days, quite the opposite. It’s a shame, but as long as Modi and the BJP are running the show, it’s a trend that will continue. Given how popular both the PM and party are, I’d assume that’s just what India is going for overall.

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SamurottX t1_j0xnwrv wrote

For those who live in India: is there a good chance of the Supreme Court legalizing this? Given PM Modi's stance I'd have to say no but I'd love to be surprised here.

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Sunapr1 t1_j0xsm96 wrote

You know the supreme court is one of the liberal courts out there and this petition is before the SC, not sure why you bought government into the argument. Plus because of coalition government ruling party dosent require a majority of votes. Modi won the prime minister role by garnering 34 percent of electoral votes

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Dalisca t1_j0xssq2 wrote

Given their draconian stances on sexuality, this is exceptionally brave. Hope they stay safe.

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thunder_struck85 t1_j0xwps6 wrote

If you're openly gay in India, you're gonna have a bad time.

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stonedkrypto t1_j0xytjb wrote

I’m no longer in India but still follow news. SC acts pretty independently from the govt. There have been cases when they have been at odds and most of the time govt has to comply. If I recall correctly the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law( which they did). It’s not clear atm what legal arguments are to be made in case of same sex marriage but pretty confident SC will work towards it than oppose it.

Edit: as corrected by /u/throwreddit666 the Parliament never struck down the law but SC itself later revisited to term it unconstitutional.

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stonedkrypto t1_j0xzayg wrote

Socially and culturally yes. But legalisation is the foot in the right direction. They will no longer be openly harassed by the legal system. I mean isn’t it same in US to some degree, especially if you’re in a conservative circle?

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mtarascio t1_j0y1pc9 wrote

It's like the easiest placate the population base thing you can do.

All Authoritarian (or wannabes) just seem to not want to do it.

Make life easy for yourself.

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disneylegend t1_j0y2kzy wrote

Same-sex marriage is illegal in India?!

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AtomicSymphonic_2nd t1_j0y3f0i wrote

I agree with you, honestly. I don’t foresee much future for non-Hindu/Buddhist Indian minorities in the nation of India.

Even the youth are happy with the BJP, at least as of 2019 pre-COVID.

I could have sworn I’ve read something a couple years ago pre-COVID about a lot of Indian Muslims uprooting themselves and seeking asylum in Bangladesh and Pakistan. Regretfully, I don’t have the link to that article… nor do I remember what it was titled.

It’s even more depressing to see so many Indians collectively say “good riddances” to these fellow countrymen in their faces.

It’s like one step forward and two steps back with humanity. Perhaps some of us here in the West were raised with a worldview that is a bit too idealistic.

EDIT: I’m dead wrong! My apologies everyone!

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Time-Opportunity-436 t1_j0y6tss wrote

How is Indian Muslims even relevant to the current discussion of same-sex marriages? By the way, marriages of Indian Muslims are governed by Muslim Personal Laws, which prohibit homosexuality. So even if India legalises same sex marriages, they won't be able to do so for Muslims.

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Time-Opportunity-436 t1_j0y6yt1 wrote

It's not illegal per se. You cannot be jailed for that. In fact, you could be, because of a British colonial law that criminalised it, which was scrapped by India a few years later.

It's just that it was not recognised, but now Supreme Court has directed the govt to do so.

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Irritatedtrack t1_j0y9ivk wrote

I would love a source on that? Minorities have the highest birth rate in india compared to the majority Hindu population. Muslims have their own law separate from Common Law (whether it is homo sexuality, transgender rights etc.). Not sure where you are from or how much knowledge you have about india, what you said is definitely not true.

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Irritatedtrack t1_j0y9vk4 wrote

The US just codified the Marriages act. LGBTQ+ people have the worst time in almost half the US. Forget LGBT, there is a war on abortion and women’s rights in the US. There are bans on teaching evolution and history in certain states in the US.

This is not to say India is better or the US is. If you dig deep enough, you will find fossilized shit everywhere. Thankfully, laws in india are still fairly progressive.

And just like the US, Tier 1 cities like Mumbai, Delhi, Bangalore, Chennai all have a significant gay population that are accepted and live normal lives. So stop spreading stereotypes.

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Irritatedtrack t1_j0ya59u wrote

It’s exactly like the US. Thankfully the Biden Admin codified the Marriages act protecting Same Sex marriage. In India, it’s not illegal, but not recognized under common law marriage.

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darthveda t1_j0ygii8 wrote

there hasn't been a shooting incident if that is what you are asking for.

My Honest Opinion about this, if an adult person wants to be in a relationship with another adult person, regardless of gender, it's their wish. It should not be illegal to do so. However, what I am not for is asking for a special status and for them to be treated specially. I think the ruling govt. is not sure of how this should proceed ahead and treading carefully giving mix signals.

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Envenger t1_j0yjlmu wrote

Bjp has been been liberal than the congress goverment we had. Even though I don't like cult of personality leaders, in India left and right mean different compared to usa. Congress was equally crazy about media censorship, and other rights issues compared to Bjp.

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Ring_Lo_Finger t1_j0yr8kx wrote

US right and Indian right are not the same. BJP which holds the majority in the both the houses passed the transgender act and is fighting for UCC.

BJP is the liberal and progressive government rather than a communal Congress.

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invertedmaverick t1_j0z0838 wrote

15 years ago I had to make international phone calls in Internet cafes in Europe, and the booths were behind a line of computers. You could see the screens of everyone using those public computers, and I swear every time it was all Indian/Pakistani dudes watching hardcore gay porn.

Glad to hear that they are making progress towards legalizing gay marriage. It needs to happen.

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NazgulDiedUnfairly t1_j0zi473 wrote

Although I agree that the Modi government is not exactly the most tolerant, the conservative ideals are not the same as conservative ideals that exist in the USA and the West.

They do share some ideas like nationalism, religious intolerance against religions like Islam(but generally accept other religions like Sikhism). But they differ in terms of other ideas. Like abortion is legal and not under attack some 1971 I believe(please correct me if I am wrong here). Article 377, which targeted homosexual sexual activities was also declared unconstitutional by the Supreme Court.

BJP government has taken steps for women empowerment, although they regressed in terms of secularism. So there is still hope that this will pass. Fingers crossed

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throwreddit666 t1_j0zx0p6 wrote

Please refer to Sushil Modi's speech in Parliament day before yesterday.

Please note the lack of any stand taken by the Union govt in the petitions seeking decriminalization of homsexuality. This was both the Congress and the BJP govts.

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throwreddit666 t1_j0zxcr5 wrote

>Article 377 was legalised by supreme court in 2017, and courts are bigger than govt in India.

Good fucking lord. Almost nothing in that sentence is correct and shows how little you know about what you are talking about.

Also, transgender rights is a separate issue to gay/lesbian marriage. Don't conflate issues. Transgenders have a unique position in Indian society for religious reasons. That does not mean gays and lesbians are not mistreated and discriminated against.

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throwreddit666 t1_j0zyk03 wrote

The current Chief Justice is pretty liberal and will probably relish writing a judgment according recognition to same sex marriage. But the problem is that the petition is flawed, imo. It is seeking recognition of same sex marriage under the Special Marriage Act. The Special Marriage Act is the legislation which governs marriages in India which are not performed as per Hindu or Muslim rituals. Both those religions have their own legislation regulating Hindu and Muslim marriages.

The Special Marriage Act which is for anyone who does not want to get married as per Hindu or Muslim rituals is a pretty fucked up legislation because it has a requirement of a notice period of 30 days for objections from the general public to 2 people who want to get married. So the names, addresses, and photographs of the 2 people getting married are literally posted on a notice board outside the local govt office and anyone can go and lodge objections if they have any.

We are already seeing this procedure cause problems in inter faith marriages where a Hindu and a Muslim get married or a Hindu and a Christian get married. There are weirdos who keep an eye on these notice boards and once they see an jnter faith marriage, they start harassing the 2 parties and their family members. I think it's going to be much the same with same sex marriages. So that's not going to be very good.

Hopefully the Supreme Court decides to also declare the requirement for this public notice to be unconstitutional and do away with that requirement.

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throwreddit666 t1_j0zywss wrote

>the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law(which they did).

This is completely incorrect. That particular provision which criminalises sodomy was read down by the supreme court to not include consensual sex between consenting adults of any gender. The decriminalisation of homosexuality was not brought about by any legislation.

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throwreddit666 t1_j0zz55h wrote

If you are openly in an inter faith relationship in India you are in trouble. Fuck that, for most people, if you are openly in any relationship, you are in trouble. Same sex relationships are out of the question. Step out of your bubble.

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stonedkrypto t1_j1032w2 wrote

Thank you for the correction. It was the initial opinion of the SC “The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.” But later revisited and termed section 377 unconstitutional.

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onioning t1_j108yu7 wrote

India is more complicated than that. The current nationalism they're experiencing is a historical anomaly. For most of the area's history they've been a hotbed of diversity and even celebrated their diversity. Overall the region is one of the world's shining examples of people of different beliefs and ways of life working together for mutual cooperation. Of course the British threw a giant monkey wrench into the whole thing by splitting the region into religious regions, and that has for sure caused a lot of conflict, but even then the conflict was more about nationalism than religion. It's the last couple decades where we've seen nationalism rise up, and even explicitly Hindu nationalism.

Point being there's still a strong foundation of valuing diversity and inclusion. For sure they're under fire from the modern political movement, but that foundation doesn't just disappear overnight.

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Mahameghabahana t1_j12e1oj wrote

UP government or CM Yogi is far more conservative or right wing then modi. If you think modi as right wing then he would be far right. Yes but he do show emotion and get made fun of, our right wing guys cry more but get made fun of by left wing guys. But yeah there are more progressives in left wing but the problem is their largest target audiences aren't progressive.

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