Supreme Court of India Re-examines Law Criminalizing Homosexuality

by Admin on January 12, 2018

A petition has prompted the recall of the Supreme Court’s 2013 decision to uphold the outlaw of consensual sexual conduct between adults of the same sex. Section 377 criminalizes same-sex activity and the court decided at the time to keep the legislation in effect.

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They argued that social morality differs from age to age and therefore it is important for the law to be separate from these changes in order to “uphold the rights guaranteed by India’s constitution”. Petitioners argued back that the perception of the majority is based on social morality which differs completely from constitutional morality.

Petitioners want to change the concepts of morality that Section 377 is based on to show that the Act is unconstitutional and should be abolished. They dispute that it restricts an individual’s freedom and intervenes with Article 21, the right to privacy. The justices hearing the petition have moved the matter to a larger bench.

Read the full story here

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