Gay sex still criminal: Supreme Court refuses to review verdict

mangaloretoday.com

New Delhi, Jan 28:  The Supreme Court on Tuesday refused to review its order restoring a colonial era ban on gay sex, a verdict that was criticized not just in India but also across the world.

 

The court rejected review petitions filed by the Centre and gay rights activists, who said they were "extremely disappointed" but would file another petition soon.

The Supreme Court had ruled in December that Section 377 - a 19th century statute of the Indian Penal Code that bans sex "against the order of nature" - is constitutionally valid, sparking dismay in India and abroad. The Delhi high court had struck it down in 2009 but the Supreme Court bench said it is up to the government to change laws.

The December ruling was met with dismay by gay rights activists who criticised the government for leaving such an important issue in the hands of the courts rather than address it through legislation.

The government then petitioned the court to reverse the ban, in an unusually bold move by the ruling Congress ahead of a major election in largely conservative India.

Union Law Minister Kapil Sibal said "the archaic law should be changed, millions of people are affected and these people should not be exposed to 377." An ordinance, or executive order, was an option, the Centre had indicated then.

Activists today talked about two options before them - a curative petition that calls for a review of a Supreme Court ruling by its senior most judges, or legislation in Parliament.