A great day for Free Speech in India / 66a overturned

[Rakhal DAVE]

https://www.yahoo.com/tech/s/indian-court-junks-clause-offensive-net-messages-070639228.html
http://www.ft.com/intl/cms/s/0/a8b844d2-d1fc-11e4-b66d-00144feab7de.html#axzz3VOzYGx7z

I am very pleased. This is big news really
but I dont see it getting the attention it deserves.

The Govt is likely to appeal or try new legislation
- but I hope supreme court will continue to thwart
such attempts.

This judgement is from the supreme court.
Unlike the 'gay rights affirming' positive judgement
by a high court overturning article 377
http://en.wikipedia.org/wiki/Section_377_of_the_Indian_Penal_Code
which was itself inexplicably overturned
by the supreme court (a couple of years ago),
this one is likely to stick.

The good news however coincides with bad news:
http://www.ndtv.com/india-news/india-supports-russian-resolution-against-gay-rights-at-un-749457
The opposition by India at the UN regarding
recognition of gay rights was unnecessary.
They could have abstained.

The reinstatement of article 377 was not
on basis of some archaic moral principle - but
on the constitutional principle that overturning
old legacy legislation should be done by legislators and not the court.
That position while credible is a bit of sham
as the courts have been interfering in much smaller matters
(usually for the common good) in any case.

Regards -Rakhal