Main | Tuesday, April 22, 2014

INDIA: Supreme Court To Reconsider Ruling Upholding Anti-Sodomy Legislation

India's Supreme Court announced today that it will reconsider its recent ruling which upheld anti-sodomy legislation enacted under British rule. J. Lester Feder reports at Buzzfeed:
This is LGBTI rights’ advocates last chance to toss out the decision, which was a harsh blow after a 12-year litigation process. In January, a two judge panel (which included one of the judges who issued the original ruling) rejected their first attempt to have the case reconsidered, what is known as a review petition. The current motion, known as a curative petition, still faces long odds, because the five-judge panel that will consider it includes the two judges who rejected the review petition. The other judges on the panel will be the three most senior judges on the court. But the lawyers in this case got a major boost last week when a different two-judge Supreme Court panel issued a sweeping verdict recognizing broad rights for transgender people. Though the judges in the transgender rights case were careful to explicitly say they were not offering an opinion on the 377 case, their ruling reads almost like a point-by-point rebuttal to the ruling.
A date for the rehearing will be announced next week.

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