http://news.bbc.co.uk/2/hi/south_asia/8129836.stm
(Yes, this is article is over a year old, but the implications of the decision have great relevance to HIV/AIDS policy today.)
On July 3rd, 2009, The High Court in Delhi overturned India’s 148-year old ban on gay sex. This is especially noteworthy in a country with very conservative views on sex. According to Ashok Row Kavi, a leading gay rights activist in India, this ruling allows gay men to speak openly with their doctors about their lifestyles without fear of arrest, thus gaining access to the prevention strategies and antiretroviral treatments necessary to slow the spread of HIV. The National AIDS Council Organization notes that driving the HIV population underground through social stigma and criminalization of behavior has hampered their efforts to curb the spread of the disease; this ruling is viewed as a first step towards the social acceptance of homosexuality. In a country in which 2.5 million people are infected with HIV or AIDS (http://www.usaid.gov/our_work/global_health/aids/Countries/asia/india_profile.pdf), every effort is needed to fight HIV infection.
Compared to the United States, India is not far behind in legalizing homosexual relations. It was not until 2003 when the United States Supreme Court struck down sodomy laws in Texas and other states. In both India and the United States, the court ruled against bans on homosexual behavior despite public disapproval of homosexuality. This demonstrates that both countries use the judicial system as a check and balance against the will of the majority. In this way, the judicial system not only protects the rights of a disliked minority, but also indirectly protects the health of the majority, by slowing the spread of a deadly disease.
Amanda,
ReplyDeleteInteresting comparison between US and Indian social and legal institutions related to homosexuality. I am really surprised with the amount of change in this area in the last decade or two. This is not something that I would have predicted. One explanation could be the globalization of public values after India liberalized its economy.
Amanda-
ReplyDeleteWhile doing my research I cam across this article. It talks about the history of the resistance of the anti-sodomy law. But it also discusses what is necessary to create a country open to not only homosexuality but also HIV/AIDS it also discusses the stigma of abuse against women and rape especially if it results in a heterosexual contracting HIV.
What I found fascinating is the ideas they were stating to help resist were basically the theories of state building that have been accepting from authors such as Anderson.
Definitely very fascinating.