Wednesday, December 11, 2013

India's top court upholds law criminalizing gay sex, provides 10 year jail term for 'unnatural offence'-BBC

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12/11/13, "India top court reinstates gay sex ban," BBC

"India's top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights. The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts. 

The court said it was up to parliament to legislate on the issue.

According to Section 377, a 148-year-old colonial law, a same-sex relationship is an "unnatural offence" and punishable by a 10-year jail term.

Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling.

Gay rights activists have described Wednesday's Supreme Court ruling as "disappointing" and lawyer Arvind Narrain described it as "a black day".

In its 2009 ruling, the Delhi High Court had described Section 377 as discriminatory and said gay sex between consenting adults should not be treated as a crime. The ruling was widely and visibly welcomed by India's gay community, which said the judgement would help protect them from harassment and persecution.

But it was strongly opposed by religious groups, particularly leaders of India's Muslim and Christian communities."
 


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