India’s Supreme Court Re-criminalizes Homosexuality
India's Supreme Court has ruled that homosexuality remains a criminal offence under Section 377 of the Indian Penal Code. This reverses a 2009 judgment by the Delhi High Court which declared that applying the code to consensual homosexual sex was unconstitutional.
This surprising development has disappointed activists and NGOs working across India who say it will damage not only gay rights, but prevent proper sexual health information and HIV/AIDs prevention work taking place. The Indian Penal Code was drafted by the British Lord, Lord Macaulay in 1861 and is widely thought to be out-of-touch with modern India.
LGBTory Patron and member of the All-Party Parliamentary Group on India, Mike Freer MP commented:
"India is rightly proud of being the world's largest democracy. However a pluralistic society also needs respect equality and this includes LGBT rights. I hope that we will soon see a legislative or judicial solution that will allow LGBT Indians to live their lives free of both prosecution and persecution."
Commenting on the numbers of people this will affect, LGBTory Patron and member of the All-Party Parliamentary Group on India, Crispin Blunt MP added:
“This ruling is regressive, unjust and dangerous. Its overtly regressive, returning India to its colonial era penal code, and against the tide of history in the interpretation of universal human rights. Its unjust as having enjoyed 4 years of legislative freedom, India’s LGBT community, by some accounts up to 20% of the world’s, will not now be able to leave the closet, but for those who have already come out, they are left unjustly stranded. It’s dangerous as it makes the work of addressing the continuing HIV crisis that much more difficult. This is a cruel ruling which will lead to more death and misery.
The judiciary have thrown the responsibility to India’s politicians. We implore them to exercise the leadership which has been the hallmark of modern India and the tolerance that is the best of the ancient and modern Indian cultural tradition.”
For more information please see our briefing at http://www.lgbtory.co.uk/news/indian-homosexuality-"re-criminalisation"-briefing