Gay sex illegal says Supreme Court, activists to seek review

 

Views: Supreme court is considered the temple of justice. Why it sadly failed  to protect the right  the different sex oriental people ? Do they go to jail till the law makers amend or review  the law ? Law makers are looking for the vote banks rather than the right of the minority group.

 

 

Gay sex illegal says Supreme Court, activists to seek review

All India | Edited by Deepshikha Ghosh | Updated: December 11, 2013 11:53 IST

inShare

Ads by Google

SME Conference, Mumbai – Meet 500+ SME Owners at Small Business Show. Register to Attend!

www.franchiseindia.com/Mumbai

New Delhi:  The Supreme Court today said gay sex remains a criminal offence, leaving the largely-closeted homosexual community in India looking to legislation by Parliament as their last hope.

The top court said the 2009 Delhi High court order decriminalising homosexuality is constitutionally unsustainable as only the government can change a law.

This means gay sex between consenting adults stays a criminal offence under Section 377, a British colonial era law banning "carnal intercourse against the order of nature", which had been struck down by the high court.

"It is surprising that the court which does judicial review on many issues has put the ball in the court of Parliament to decide on homosexuality," said additional Solicitor General Indira Jaising. "People expect the highest court of the land to protect their rights."

The order is "a step backwards towards barbarism and medievalism," tweeted noted historian Ramachandra Guha.

Gay rights NGO Naz foundation has said it will seek a review of the verdict.

Conviction under the existing 1890 law carries a fine and up to 10 years in jail. Gay activists allege that the police used the law to harass members of their community.

Though the court ruling leaves it to the government to initiate legislation on homosexuality and repeal Section 377, the Centre's numerous flip-flops on the subject in court have not been encouraging.

The high court ruling was challenged in the Supreme Court by religious groups who argued that all homosexual acts were "unnatural".

In recent years, the country's gay community has raised its profile, organising gay pride parades in major cities, which activists say have helped create awareness and encouraged many to come out of the closet.

Jeffrey O'Malley, director of the United Nations Development Programme on HIV/AIDS, had argued in 2008 that decriminalising homosexuality would help India to combat the spread of HIV/AIDS.