World

India to rethink colonial-era law criminalising gay sex

India to rethink colonial-era law criminalising gay sex

As the right to privacy being considered a fundamental right, the Supreme Court today chose to review it's 2013 decision, which criminalizes gay sexual relations and said it will review Section 377 of Indian Penal Code that creates such relations a crime.

The top court set away from the Delhi High Court's 2009 verdict decriminalizing homosexuality in December 2013.

Elated over the decision, an LGBT Activist said,"We need to welcome it".

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 is also seized of a curative petition filed by Naz Foundation Trust, the non-governmental organization (NGO) that had originally filed a lawsuit in the Delhi high court in 2001.

Section 377 of IPC, came into force in 1862 - defines unnatural offences. The three-judge bench took their knowledge views expressed in another judgment in August, which gave the right to privacy the status of a fundamental right. It was stated that the protection of sexual orientation lies at the core of the fundamental rights. The SC decision will definitely strengthen arguments for decriminalisation of homosexuality.

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Reopening the debate on Indian Penal Code's Article 377, the three-judge bench of the apex court, headed by CJI Dipak Misra said, "it would reconsider and examine the Constitutional validity of section 377".

"Choice can't be allowed to cross boundaries of law but confines of law can't trample or curtail the inherent right embedded in an individual under article 21 of constitution".

The Supreme Court today announced a review of the controversial ban on gay sex saying no one should have to live in fear due to their sexuality.

The court also issued a notice to the Centre seeking its response to a writ petition filed by five members of the LGBT community. "Everybody has an equal right to live life the way they want", The Hindu quoted the All India Mahila Congress President Sushmita Dev as saying.

Arvind Datar, counsel for Petitioners argued in the Supreme Court about the clarity of the consensual sex which punishes one of the partners while leaving the other which the Court did take a note and said "individual autonomy and individual's natural inclination can not be atrophied unless the restriction is reasonable to yield to the morality of the public at large". It also asked to include them in the OBC quota.