India to rethink colonial-era law criminalising gay sex

Adjust Comment Print

The Supreme Court on Monday made a decision to review the contentious Section 377 of the Indian Penal Code, five years after its two-judge bench set aside a Delhi High Court judgement decriminalising homosexuality.

Section 377, modelled on a 16th-century British law, bans "carnal intercourse against the order of nature with any man, woman or animal", and is punishable by life imprisonment. The petition has also alleged an issue bias by the court against the LGBT community through its references such as "the so-called rights of LGBT persons" in its 2013 judgment. The gays in India are hopeful that now hardly any scope is left for those in support of Section 377 of the IPC.

The Congress on Monday welcomed the Supreme Court decision to re-examine its 2013 order that criminalises gay sex saying the archaic provision should be repealed from the Indian Penal Code (IPC). I would like to bring it to the fore that the American psychiatric association, the Indian psychiatric association and the world health organisation have de-listed homosexuality from the list of mental disorders and if my nation respects people for who they are, the nation also needs to remember that my sexuality is an integral part of who I am.

We will keep fighting in MS until we overturn this harmful law, and in any state where anti-gay legislators pass laws to roll back LGBT civil rights. The apex court had concluded that privacy included at its core the preservation of personal intimacies and that sexual orientation was an essential attribute of privacy. In addition to the advocacy and discussion that followed that setback, subsequent rulings in favor of transgender equality and, most recently, establishing privacy as a fundamental right have help set the stage for the Court to revisit the law. The SC decision will definitely strengthen arguments for decriminalisation of homosexuality.

President Trump to Announce 'Fake News Media' Awards Monday
In an email to his supporters on December 28, the Trump campaign sought nomination for the "King of Fake News" trophy. But President Trump isn't one to be overshadowed, so he's getting in on the awards show action himself.


The bench comprising of Supreme Court Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said, "societal morality changes with time, law walks with life".

The law was thought to be vulnerable to legal challenge since a landmark September judgment that recognised article 21 guaranteed a right to privacy.

The Mississippi law allowing government workers and businesses to deny services to LGBT people by claiming religious objections will stand because the U.S. Supreme Court has decided against hearing an appeal.

The court also issued a notice to the Centre seeking its response to a writ petition filed by five members of the LGBT community.

Comments