Daily Trends Now
Daily Trends Now


India's Supreme Court will reconsider the nation's ban on gay sex

India's Supreme Court will reconsider the nation's ban on gay sex

In a boost for the LGBT community, the Supreme Court (SC) has made a decision to revisit its earlier verdict on Section 377 which criminalises homosexuality and has referred a plea seeking its decriminalisation to a larger bench.

The executive director for the ACLU of MS says she's "deeply disappointed" in the Supreme Court's refusal Monday to hear challenges to HB 1523, calling it "a license to discriminate".

Section 377 has undergone many twists and turns ever since the Delhi High Court decriminalised it in 2009.

The justices left in place a June ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals that the plaintiffs - same-sex couples, civil rights advocates including the head of the state NAACP chapter, a church and others - did not have legal standing to bring the lawsuit.

"While we are disappointed in the Court's decision, the ACLU of MS will not stand quietly by while discrimination is sanctioned". The apex court has now chose to constitute a bench to review Section 377.




The court said, "The determination of the order of nature is not a constant phenomenon".

According to the existing law, the unnatural offender is considered to be a person who "voluntarily has carnal intercourse against the order of nature with any man, woman or animal".

Welcoming the decision, All India Mahila Congress President Sushmita Dev said, "Congress welcomes Supreme Court's decision".

"The top court's judgment upholding validity of Section 377 appears to hurt the sexual preferences of individuals", said the three-judge bench of Chief Justice Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud. The court also issued a notice to the Centre seeking its response to a writ petition filed by five members of the LGBT community. "Because of that, we are pleased that the Supreme Court declined to take up these baseless challenges, which misrepresented the law's sole objective of ensuring that Mississippians don't live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union".

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