Indian Supreme Court Upholds Verdict Criminalizing Gay Sex

India's Supreme Court today upheld its December verdict which restored colonial era sodomy laws to the nation, Bloomberg reports:

IndiaA two-judge bench of the Supreme Court headed by H.L. Dattu today refused to review its December verdict that reversed a 2009 order of a lower court that had decriminalized same-sex intercourse between consenting adults.

The government and rights activists submitted that criminalizing gay sex amounts to a miscarriage of justice to the gay, lesbian and transgender communities. The top court in its December ruling had said it is up to lawmakers to amend the existing law if they want.

The India Times adds:

IndiaSeeking a stay on the operation of the judgment, gay rights activists, including NGO Naz Foundation, had said thousands from the LGBT community became open about their sexual identity during the past four years after the high court decriminalized gay sex and they are now facing the threat of being prosecuted.

They had submitted that criminalizing gay sex amounts to violation of fundamental rights of the LGBT community.

The NGO had submitted there are a number of "grave errors of law" and "wrong application of law" in the judgment which needs to be corrected.

"This court has failed to consider the submission that Section 377 violates the right to health of men who have sex with men, since criminalization of same sex activity impedes access to health services, including HIV prevention efforts. This contention was supported by the ministry of health and family welfare in this court," the review petition had said.

Comments

  1. HadenoughBS says

    India was – and remains – a third world country with this court’s upheld decision re-criminalizing gay sex and, therefore, homosexual Indians. This country is no better than the USSR (oops, I mean, Russia), Uganda, Nigeria and many other nations that criminalize its gay citizens.

    India also continues its horrible treatment of women including looking the other way in instances of rape/murder and female honor killings.

    This country should be treated as the detestable pariah state it has chosen to become.

  2. Nam says

    Could anybody tell me about the decision of the US supreme court on Lawrence v. Texas 2003? I though this ruling would never allow any states to decriminalize gay sex (sodomy).

  3. Randy says

    A failure of reason, and of humanity.

    Frogview is right. Why do US people tolerate their jobs being stolen by these kind of countries?

    A reasonable response would be to erect some trade barriers, and encourage more self-sufficiency (some might say, adulthood) on the part of the US.

  4. Darbari says

    @DRY: There is no need to overgeneralize. There are plenty of Indians who support gay rights. That is precisely why there is a struggle brewing. You are doing a disservice by not acknowledging thousands of activists and supporters who are working tirelessly to move the country forward. Read the following touching article:

    http://timesofindia.indiatimes.com/home/stoi/deep-focus/A-mother-and-a-judge-speaks-out-on-section-377/articleshow/29383723.cms

  5. Bill says

    Guys, what the India Supreme Court seems to have ruled is that a specific bad law is constitutional, so it is up the the legislature to repeal it. It’s simply a case of “all unconstitutional laws are bad laws but not all bad laws are unconstitutional.”

    Basically, the India Supreme Court is a court, not an Oz-based wizard who “will fix everything.”

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