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Indian Government Has No Plans To Amend Law Criminalizing Gay Sex Until Supreme Court Reviews It For Third Time

Sean Mandell July 23, 2014

6a00d8341c730253ef01a5115c88a1970c-800wiThe Indian government has announced it has no plans to change a colonial-era law reinstated by the country's Supreme Court in December 2013 that criminalizes gay sex, making it an offence punishable with life in prison. India Today reports: 

The government on Tuesday said it has no plans to amend Section 377 of the IPC, criminalising sex among homosexuals, till the issue is settled by the Supreme Court.

"No. The matter is sub-judiced before the Supreme Court. A decision regarding Section 377 of IPC can be taken only after pronouncement of judgement by the Supreme Court," Minister of State for Home Kiren Rijiju told Lok Sabha in a written reply.

He was replying to a question on whether the government proposes to amend or repeal Section 377 of the IPC.

In the wake of the Supreme Court's decision that re-instated section 377, the Indian government asked the court to reconsider its ruling. In January of this year the court refused that request stating it was up to lawmakers to amend the law if they want. While no action has come from legislators in the intervening period, the Indian high court has consented to review its previous ruling thanks to a successful “curative petition” that was led by gay rights activists and organizations:  “[The] curative petition is the last judicial resort available for redressal of grievances in court and it is normally considered by judges in-chamber without granting opportunity to parties to argue the case.”

Topics: News, Supreme Court More Posts About: gay rights, India, News

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