India high court declines to review law criminalizing homosexuality

[JURIST] The Supreme Court of India [official website] on Tuesday declined to review its controversial decision [JURIST report] to reinstate India Penal Code Section 377 [text] which criminalizes homosexuality in the country. Judges on India's high court dismissed petitions from government ministers and rights activists who argued the court's decision, issued last month, is wrong. Activists now plan to launch a curative appeal [AFP report] to the court, which will be heard by five justices. If that fails, then efforts will turn toward pushing a legislative change through parliament.

JURIST guest columnist Shubhankar Dam of the Singapore Management University School of Law argued [JURIST op-ed] last month that the Indian Supreme Court had dangerously rolled back the clock on LGBT rights, threatening the ongoing process of progressive reform in Asia. JURIST guest columnist Sujitha Subramanian of the Bristol University School of Law has also discussed [JURIST op-ed] the Indian Supreme Court's decision to uphold the constitutional validity of India Penal Code 377.

 

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