1 Jul 2016

Challenge to India’s anti-gay law in India not accepted by supreme court

In a major setback to the country’s LGBT community, the court has refused a challenge that argued section 377 of the penal code undermines human rights

A number of well-known LGBT Indians have lost a legal petition to challenge section 377 of India’s penal code.

Arvind Dattar, a lawyer for one of the petitioners, said “the supreme court refused to hear the matter and asked the petitioners to approach the chief justice of India.”

Section 377 of India’s penal code prohibits “carnal intercourse against the order of nature with any man, woman or animal.” It was re-introduced by the supreme court in 2013 after a four year decriminalisation of homosexuality.

The petitioners argued it undermined their fundamental rights by failing to protect their sexual preferences.

 

A separate case to remove the ban is already being heard by India’s chief justice. Previously India’s supreme court has argued that only parliament has the power to change section 377.