Supreme Court of India(SC)Rejects To Review Gay Sex Ban Tuesday Jan 28,2014

The Supreme Court of India(SC)on Tuesday Jan 28,2014 refused to reconsider its verdict that affirmed the legality of Section 377 and criminalised gay sex, dealing a severe blow to the government’s attempt to get the law changed through a legal — rather than parliamentary — process.

“We have gone through the review petitions and the connected papers. We see no reason to interfere with the order impugned. The review petitions are, accordingly, dismissed,” a bench of Justices H L Dattu and S J Mukhopadhaya said, dismissing a bunch of eight petitions in chamber proceedings

Organisations such as Naz Foundation and Voices Against 377, and individuals such as film director Shyam Benegal and parents of LGBT persons had, along with the government, filed review petitions in the court, seeking a rethink of the December 11, 2013 SC verdict

Gay Rights Groups described Tuesday’s decision as a setback to the rights of the LGBT community and, indeed, to the fundamental rights of all Indians. They said: “We will continue to wage the legal battle against Section 377 as there is an urgent and compelling case for the law to go. We will pursue all legal options, including curative petitions, to again assert that the court has made an egregious error in this case by denying the right to equality and dignity to a section of the population.”

Two options are now available before the Govt and the LGBT community to have the law overturned -

• Filing a Curative Petition in the SC arguing the question of the constitutionality of IPC Section 377 and
• seeking the parliamentary route to amend the law.

Note

Under Section 377, voluntary “carnal intercourse against the order of nature with any man, woman or animal” is punishable with imprisonment from 10 years to life.

 On December 11, 2013, the Supreme Court ruled that gay sex was an offence “irrespective of age and consent”, overturning the July 2009 Delhi High Court verdict that found Section 377 to be violative of Articles 14, 15 and 21 of the constitution.