81 Tests, 2019 Articles
and counting ...

SC Declines To Review Earlier Gay Sex Order

PUBLISHED BY: SURENDER KUMAR
JANUARY 28, 2014

   
  submit to reddit   Delicious   Digg   LinkedIn  

 

 

 

 

The Supreme Court has declined to review its verdict calling gay sex an offence. The apex court gave its decision on a bunch of petitions filed by the Central government and rights activists.


Seeking stay on the judgement, gay rights activists had petitioned the court, saying that the order was out of tune with reality and also unconstitutional on various grounds. The gay community become open about their sexual identity during the past 4 years after the Delhi High Court had de-criminalised gay sex in a landmark verdict. They submitted that criminalising gay sex is a violation of fundamental rights of the LGBT community.


While setting aside the July 2009 judgement of the Delhi High Court, the apex court had held that Section 377 (unnatural sex) of the IPC was not unconstitutional and that the the high court order was legally unsustainable. The judgement restored the penal provision on gay sex in a setback to people fighting for recognition of their sexual preferences. The verdict, reversing the high court judgement, was criticisied sharply by people from different fields who called it a "black day" and a "lost opportunity" for the apex court to expand the meaning of constitutional rights.



 



ARCHIVES -- CURRENT AFFAIRS

Tell Us About gkmine.com

We Listen ...


Fortnightly Contest


... WIN Exciting Prizes ...

item-pointer Coming Soon ...

... Previous Winners ...