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8 Feb 2011

India's Supreme Court to hear petitions against 2009 ruling that decriminalised gay sex

According to local media reports, the Supreme Court on Monday said it would start the process to hear the petitions filed by various individuals and organisations, who are opposed to the Delhi High Court's decision to decriminalise consensual same-sex sex between adults, on April 19.

The Supreme Court will hear at least a dozen petitions filed by a various individuals and organisations, including BP Singhal, a senior leader of the Hindu nationalist Bharatiya Janata Party (BJP), who is challenging the 2009 decision of the Delhi High Court that decriminalised sexual relations between gay men saying that such acts are illegal, immoral and against the ethos of Indian culture. 

The Delhi High Court had on July 2, 2009, declared the penal provision, Section 377 of Indian Penal Code, as unconstitutional in case of gay sex among consenting adults in private.

Other religious bodies including the All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance have also opposed the High Court's verdict.

On Monday, the Supreme Court also refused to entertain an application brought by astrologer Suresh Kumar Koushal who submitted that the defence forces should be made a party to the matter in view of the fact that they have always opposed decriminalisation of homosexual behaviour.

The court said it would allow all other parties who have approached the court to present their case and fixed the matter for further hearing on April 19.

Reader's Comments

1. 2011-02-09 04:46  
Well done. I believe India's Supreme court will uphold the High court's decision. India is a forward country, don't tell me the Supreme court's judges still living in .......

Hey India gays, it is about time to have big celebration. This is the final legal destination to those who against the ruling. Nothing is more important to come to this stage. Be positive.
2. 2011-02-09 19:30  
What a great service the gay community is providing by uniting the disparate and usually warring religious parties in their common hatred of others love.

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