India Supreme Court Refuses to Hear Challenge to Criminalisation of Gay Sex

Activists have been fighting for a long time to get the criminalisation of gay sex overturned in India, but sadly the Indian supreme court has refused to hear the petition challenging that law.

Numerous well known LGBT activists put forward that section 377 of India’s penal code which prohibits “carnal intercourse against the order of nature with any man, woman or animal”, undermined their rights by failing to protect their sexual identity.

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.”

Anindito Mukherjee/Reuters

Anindito Mukherjee/Reuters

The chief justice in india is already hearing a case to overturn the ban, and the top court in the country has previously said that only parliament can change section 377. This refusal to hear the petition is a huge setback in a battle that has been going on since 2013, when the courts reinstated the colonial era ban on gay sex.

The fight for equality in India is especially important, as violation of the law can result in a prison sentence as long as 10 years.

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India Supreme Court Refuses to Hear Challenge to Criminalisation of Gay Sex
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The supreme court in India has refused to hear a challenge to the criminalisation of gay sex.