Follow breaking news @lgbtqnation

India Supreme Court refuses to review verdict that criminalizes homosexuality

Tuesday, January 28, 2014

NEW DELHI – India’s Supreme Court on Tuesday rejected a request to reconsider its controversial decision to reinstate a 153-year-old law that criminalizes homosexuality.

APGay rights activists hold placards during a protest against a Supreme Court verdict that upheld section 377 of the Indian Penal Code that criminalizes homosexuality.

AP
Gay rights activists hold placards during a protest against a Supreme Court verdict that upheld section 377 of the Indian Penal Code that criminalizes homosexuality.

Judges dismissed petitions from the government and gay rights activists who said the order violated fundamental human rights.

The Supreme Court ruled in December that Section 377 (unnatural sexual offenses) of the Indian Penal Code was constitutionally valid, and that only lawmakers and not the courts could change the law. The ruling struck down a 2009 lower court decision that decriminalized gay sex.

The ruling dealt a blow to gay activists who have fought for years for the chance to live openly in India’s deeply conservative society, and has drawn sharp criticism from human rights advocates worldwide.

The law, dating back to the 1860s, when Britain ruled over South Asia, states that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal” can be punished by up to 10 years in prison.

Tuesday’s action leaves the government two options: it can either file a curative petition in the Supreme Court, or it can attempt to repeal the law in Parliament.

A curative petition, the final appeal in the legal process, is heard by the Supreme Court’s senior-most judges including the Chief Justice of the country. Repealing the law in parliament could me more difficult for the government, ans the main opposition party, the BJP, has said it backs Section 377.

According to international human rights groups, more than 70 countries have laws criminalizing homosexual conduct, with India by far the most populous.

Share this article with your friends and followers:

Archives: , , ,

Filed under: Asia

53 more reader comments:

  1. weird people………..

    Posted on Tuesday, January 28, 2014 at 3:45pm
  2. Oh well. They also refuse to use toilet paper or quit raping children. Are we surprised?

    Posted on Tuesday, January 28, 2014 at 3:46pm
  3. This is not for India to blame,though.An allien patriarchal monotheism has given rise to an even worse form of fundamentalism which often kills Hindus,Sikhs and their few uddhists for the same dogmatism.

    Replied on Tuesday, January 28, 2014 at 3:50pm
  4. http://en.wikipedia.org/wiki/LGBT_themes_in_Hindu_mythology

    Replied on Tuesday, January 28, 2014 at 3:54pm
  5. http://galva108.org/deities.html

    Replied on Tuesday, January 28, 2014 at 3:55pm
  6. This one puts broad-minded hindus´stands on lgbts confronted with fundies´ : http://borngay.procon.org/view.answers.php?questionID=000039

    Replied on Tuesday, January 28, 2014 at 3:59pm
  7. This specific instance in Nepal also shows how Islamic and Chrstian fundies are the ones to cause the real problem (the negative influence these monotheisms have is the real root of the problem,as the ancestral spiritualities did not have them in significant srength of rejection or number of supporters, originally): " The minority Christian and Muslim communities in Nepal do not approve of homosexuality, Pant said, but they are struggling to establish their own rights and find it counterproductive to oppose gay marriage in a Hindu-majority society. " and further on "... In addition, a parliamentary committee preparing a same-sex marriage bill. The country’s three major parties all support LGBTI rights." ... http://76crimes.com/2012/08/29/lgbt-rights-hindu-style-the-example-of-nepal/

    Replied on Tuesday, January 28, 2014 at 4:04pm
  8. http://srishtimadurai.blogspot.com.br/2011/10/hindu-view-of-lgbt.html

    Replied on Tuesday, January 28, 2014 at 4:07pm
  9. From the same (last)link given above : "Psychoanalyst Sudhir Kakar writes that Hindus are more accepting of "deviance or eccentricity" than are adherents of Western religions, who typically treat sexual variance as "anti-social or psychopathological, requiring 'correction' or 'cure'". Hindus, he argues, believe instead that each individual must fulfil their personal destiny (svadharma) as they travel the path towards moksha (transcendence)."

    Replied on Tuesday, January 28, 2014 at 4:07pm
  10. Just wanted to show the other side of the question,but of course,you are entitled to stick to the your position on the subject but hope you have changed your mind about it.

    Replied on Tuesday, January 28, 2014 at 4:11pm
  11. I read that as Indiana and was all WTF? Then I saw it was India and was all oh…

    Posted on Tuesday, January 28, 2014 at 3:49pm
  12. LOL

    Replied on Tuesday, January 28, 2014 at 3:55pm
  13. hahaha me too! as I speed read alot. LOL

    Replied on Tuesday, January 28, 2014 at 4:08pm
  14. They also rape men, not just women. Hipprocratic sociopaths!

    Posted on Tuesday, January 28, 2014 at 3:50pm
  15. Rapes are a shameful thing that happen that make Indians hang their head in shame. But in no way should an entire nation be branded sociopaths for the crimes of a despicable few. The homophobic law was instituted by "British colonialists" and has remained a vestige of the colonial era. In its 153 year existence till now, rarely have any cases come up of the persecution of LGBTs as compared to Russia, Nigeria, Uganada that you see.

    Replied on Tuesday, January 28, 2014 at 6:24pm
  16. Dominic Powell, hippocratic is the doctor's oath, hypocritical is being two-faced. Which do you really mean?

    Replied on Tuesday, January 28, 2014 at 7:07pm
  17. I think he meant hypocritical. I got his gist of it. Also relate to where you're coming from Dixie. I'm so frustrated at how many people on FB misuse and misspell words. I used to comment on them but long ago gave up. It's just constant and I've got better things to do.

    Replied on Tuesday, January 28, 2014 at 7:51pm
  18. Just another place, I will never set foot in, I am sure most Indian people living in Australia, the ones I have met anyway will be glad they live here instead. Such a disgraceful step backwards.

    Posted on Tuesday, January 28, 2014 at 3:50pm
  19. Maybe just maybe the U.S. needs to reevaluate its international aide policy and discriminate against country’s that discriminate against its people

    Posted on Tuesday, January 28, 2014 at 3:52pm
  20. No Federal aid is given to India. In fact, India's defense imports help sustain "American Jobs". Having said that, in no way I support the court's ruling. In a country where even talking about sex is a taboo, it still has a long way to go. Also, Hinduism as a religion has never persecuted or ostracized LGBTs. It has accepted all expressions of human love whole- heartedly. Remember Kamasutra (Science of love making) and Yoga have their origins in the Hindu culture. This homophobic law was instituted by British colonialists and has remained a vestige of the colonial era. In its 153 year existence till now, rarely have any cases come up of the persecution of LGBTs as compared to Russia, Nigeria, Uganada that you see.

    Replied on Tuesday, January 28, 2014 at 6:26pm
  21. Assholes.

    Posted on Tuesday, January 28, 2014 at 3:53pm
  22. Stay strong over there, friends.

    Posted on Tuesday, January 28, 2014 at 3:53pm
  23. US should pull their Federal Aid!

    Posted on Tuesday, January 28, 2014 at 3:54pm
  24. No Federal aid is given to India. In fact, India's defense imports help sustain American jobs. Having said that, in no way I support the court's ruling. In a country where even talking about sex is a taboo, it still has a long way to go. Also, Hinduism as a religion has never persecuted or ostracized LGBTs. It has accepted all expressions of human love whole- heartedly. Remember Kamasutra (Science of love making) and Yoga have their origins in the Hindu culture. This homophobic law was instituted by British colonialists and has remained a vestige of the colonial era. In its 153 year existence till now, rarely have any cases come up of the persecution of LGBTs as compared to Russia, Nigeria, Uganada that you see.

    Replied on Tuesday, January 28, 2014 at 6:20pm
  25. LOL. You're a sheep. Yes, we do give them aid!

    Replied on Tuesday, January 28, 2014 at 6:22pm
  26. I’m sorry, Tob, but are you blaming secularism for indians raping children?

    Posted on Tuesday, January 28, 2014 at 3:56pm
  27. India is a tough place to live under the best of circumstances. I’m almost finished reading “A Suitable Boy” by Vikram Seth & it has been a history lesson for me. If you want some insight into the struggles, of minorities of any kind, in India read this 1349 page novel.

    Posted on Tuesday, January 28, 2014 at 3:57pm
  28. A country where they blame the woman for being gang raped and rarely even investigate. This country thinks of itself as some sort of haven for spiritual journey. While I know several Indian people and I like them all very much, I can see why they live here.

    Posted on Tuesday, January 28, 2014 at 4:00pm
  29. Nobody blames the women. In fact, Indians came out on the streets in support of women. The female identity is highly revered in Hindu religion. If you read more about Hindu religion and compare it with Islam/Christianity , you will yourself find out that Hindu religion accepts all expressions of human love and has never persecuted LGBTs. The homophobic law was instituted by "British Colonialists" and has remained a vestige of the colonial era. In its 153 year existence till now, rarely have any cases come up of the persecution of LGBTs as compared to Russia, Nigeria, Uganda that you see.

    Replied on Tuesday, January 28, 2014 at 6:33pm
  30. More than 70 countries in the world that criminalise Homosexuality including India now! Shame … What a Shame … Where to now …

    Posted on Tuesday, January 28, 2014 at 4:08pm
  31. boo India, not cool!

    Posted on Tuesday, January 28, 2014 at 4:08pm
  32. america has its issues but damn am i glad i was born here

    Posted on Tuesday, January 28, 2014 at 4:09pm
  33. REMEMBER INDIA, “The last Act of Every Diplomat Is To Reach For a gun.”
    Why? Because if your adversary can’t AFFECT you in any other way, why negotiate with him, at all.

    Posted on Tuesday, January 28, 2014 at 4:11pm
  34. .
    How about not sending another dime of foreign aid funded by tax dollars including some collected off the backs of GBLT American workers?

    Posted on Tuesday, January 28, 2014 at 4:19pm
  35. time to remove India’s supreme court justices and replace them.

    Posted on Tuesday, January 28, 2014 at 4:19pm
  36. sad

    Posted on Tuesday, January 28, 2014 at 4:27pm
  37. These are a bunch of backward, bug eating, bastards. Stay far away from this filthy place.

    Posted on Tuesday, January 28, 2014 at 4:28pm
  38. You know with millions and millions of Gay people around the world. If we all really did get organized one day, then all these Homophobic countries and dictators would really be in trouble. Funny that some people still think that there is just a few gay people out there.

    Posted on Tuesday, January 28, 2014 at 4:42pm
  39. And yet they voted to make dolphins non-human persons and said they can’t be held captive. Where are their priorities?

    Posted on Tuesday, January 28, 2014 at 4:50pm
  40. One of the royal family of India is gay – I’m surprised it even got this far: http://www.thedailybeast.com/articles/2011/05/21/indias-first-gay-prince-prince-manvendra-singh-gohil.html

    Posted on Tuesday, January 28, 2014 at 5:03pm
  41. They’re a thousand year civilization and still stuck in dark ages mentality.

    Posted on Tuesday, January 28, 2014 at 5:16pm
  42. Lovely attitude over there towards gays and women. They are both considered criminals, (just heard a story on NPR of a “judge” in one village who ordered a woman to be gang raped for allegedly cheating on her husband). They treat cows better over there than they do some groups of human beings.

    Posted on Tuesday, January 28, 2014 at 5:23pm
  43. When the old folks die off, time to elect the new.

    Posted on Tuesday, January 28, 2014 at 5:24pm
  44. Sad and 70 more countries that criminalize homosexuality are certainly have human rights issues.

    Posted on Tuesday, January 28, 2014 at 5:30pm
  45. Sad for all those already suppressed and suffering from this Bigotry.

    Posted on Tuesday, January 28, 2014 at 5:55pm
  46. I do not support the Supreme Court’s judgement. In a country where even talking about sex is a taboo, it still has a long way to go. Also, Hinduism as a religion has NEVER persecuted or ostracized LGBTs. It has accepted “all expressions of human love” whole- heartedly. Remember Kamasutra (Science of love making) and Yoga have their origins in the Hindu culture. This homophobic law was instituted by “British colonialists” and has remained a vestige of the colonial era. In its 153 year existence till now, rarely have any cases come up of the persecution of LGBTs as compared to Russia, Nigeria, Uganada that you see.

    Posted on Tuesday, January 28, 2014 at 6:22pm
  47. its like 1 step forward and 2 steps backward, its a shame that one of the fastest growing country is dening its citizen human rights.

    Posted on Tuesday, January 28, 2014 at 6:31pm
  48. Kind request to all those commenting : Read these two articles before bashing India. If you want to blame, please blame the British colonialists who “introduced homophobia” into the tolerant Hindu society. Remember NEPAL, another predominantly Hindu nation has legalized homosexuality. Do not blame Indians for the homophobic mindset. The blame first lies at the door of the colonialists. http://en.wikipedia.org/wiki/LGBT_themes_in_Hindu_mythology http://en.wikipedia.org/wiki/LGBT_topics_and_Hinduism

    Posted on Tuesday, January 28, 2014 at 6:37pm
  49. People need to learn to get along with one another,and not kill people,killing and rapeing is wrong.

    Posted on Tuesday, January 28, 2014 at 7:07pm
  50. its a no brainer

    Posted on Tuesday, January 28, 2014 at 7:07pm
  51. Boo!

    Posted on Tuesday, January 28, 2014 at 7:09pm
  52. The Congress Party should quickly enact a repeal of the old law! Supreme Court of India is upholding the law as written and enforced by parliament. Change it NOW! What’s stopping the Prime Minister and his party from acting to stop this discrimination?

    Posted on Tuesday, January 28, 2014 at 7:45pm
  53. We in the UK are sooooooooo lucky… love is a human right

    Posted on Tuesday, January 28, 2014 at 7:47pm