It seems to me from the news reports that this is not binding on other
jurisdiction, but since in Indian legal system, precedence plays important
roles in arguments by the lawyers and judgements by the judiciary, this will
certainly be used as precendence in arguing against any incarceration of any
individual throughout India.
However, if it would be applicable to all over India, it would be even better.
I am actually not fully sure about that one. The judgement (105 pages of which
I read about 50) makes a very strong case and judicial opinion that 377 based
discrimination against LGBT individual infringers on the rights afforded to
Indian citizens by article 21, 14 etc. So I do not see how it cannot be applied
throughout India.
--- On Thu, 7/2/09, Surajit A. Bose <psura...@netscape.net> wrote:
From: Surajit A. Bose <psura...@netscape.net>
Subject: Re: [Khush] 377: what it means
To: "Vikram D" <vg...@yahoo.co.uk>
Cc: gaybom...@yahoogroups.com, gay_bombay@yahoogroups.com,
lgbt-in...@yahoogroups.com, khush-l...@yahoogroups.com,
movenp...@yahoogroups.com, gayde...@yahoogroups.com
Date: Thursday, July 2, 2009, 8:24 AM
Vikram D wrote:
>
> Question 1) Is this judgment only applicable in Delhi?
>
> Response) This is the first time a court as senior as this, with such
> respected judges, has given a decision on homosexuality. Because of that
> it sends a powerful signal to the legal establishment across the
> country. We are confident that judges, lawyers and police officers
> across the country will understand and follow the Delhi High Court's lead
>
The question asks for a factual response. The answer given is an opinion.
However confident one may be that the establishment will follow this
ruling, the original question is still unanswered. Here are some
follow-up questions.
1. What, given India's judicial structure, is the exact scope of this
ruling at present?
2. If the scope of the ruling does not go beyond the jurisdiction of the
Delhi high court, then what needs to happen for it to be extended?
3. Can a different high court (e.g. Bombay) rule differently on a
similar case?
4. And of course, the case can always be appealed before the Supreme
Court, which could rule differently- -right?
So....some facts, please. The expressions of confidence are reassuring,
but actual information would be more helpful.
Thanks
-s
