Main | Tuesday, March 27, 2012

INDIA: Supreme Court "Reserves" Verdict On Decriminalization Of Homsexuality

After over a month of hearing objections from the more than 40 anti-gay and religious groups, the Indian Supreme Court today reserved its verdict on a lower court's decriminalization of homosexuality, meaning that a decision may have been reached but will not be revealed for several months.
A bench of justices G S Singhvi and S J Mukhopadhaya reserved its verdict on petitions by anti-gay right activists, social and religious organisations against the 2009 verdict of the high court, which decriminalised the gay sex. The bench had commenced final day-to-day hearing of the case from February 15. During the hearing, the Supreme Court had pulled up the Centre for its “casual” approach on decriminalisation of homosexuality and had also expressed concern over Parliament not discussing such important issues and blaming judiciary instead for its “over-reach”. While pleading for decriminalisation of gay sex, the Centre had subsequently told the court that the anti-gay law in the country had resulted from the British colonialism and the Indian society was much more tolerant towards homosexuality. The Delhi High Court had in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.

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