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10 Jan 2002

judges advocate gay rights in india

Two gay judges from Australia and South Africa are raising awareness about homosexuality in India, where homosexuality is considered taboo and criminal.

Justice Michael Kirby, from Australia, and Justice Edwin Cameron, of South Africa, are in Mumbai advising sexual minorities. They also talked about "coming out" and the threat of HIV and AIDS; and suggested at a public conference that an Indian soap opera should include a gay couple to further the community's cause.

An online news website reported that Justice Cameron has publicly disclosed that he is HIV-positive while Justice Kirby was quoted saying: "Australia had similar rules to the ones in India. When I was a boy, the fact that I was gay was to be kept a deep, dark secret."

Justice Cameron added that even when homosexual acts are decriminalised there is still much to do, "For instance in Australia, Justice Kirby is having a tough time ensuring that his partner of 33 years will get a pension in case of any unforeseen eventuality.

"In South Africa, however, the constitution ensures that its citizens are protected from any discrimination on the basis of their sexual orientation. The constitutional court has, in fact, also recognized the rights of gays and lesbians to a family life."

According to a Times of India report published last month, gay and lesbian activists have challenged the Indian government's classification of gay sex as a criminal offence.

The London-based Naz Foundation which promotes sexual health among MSM (men who have sex with men) in South Asia filed a petition with New Delhi's high court seeking to exclude gay sex from Section 377 of the Indian Penal Code.

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 ILGA Asia - Fridae partner for LGBT rights in Asia IGLHRC - Fridae Partner for LGBT rights in Asia

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