Supreme Court dismisses homosexuality review plea


New Delhi, Jan 28 (PTI) : The Supreme Court today refused to relook into its verdict criminalising gay sex in the country.

A bench of Justices H L Dattu and S J Mukhopadhaya, in inchamber proceedings, dismissed a bunch of petitions filed by the Centre and gay rights activists against its December 2013 verdict declaring gay sex an offence punishable up to life imprisonment.

In a big setback to the LGBT community, the Supreme Court had on December 11 set aside the Delhi High Court judgement decriminalising gay sex and thrown the ball into Parliament's court for amending the law.

The judgement revived the penal provision making gay sex an offence punishable with life imprisonment in a setback to people fighting a  battle for recognition of their sexual preferences.


Seeking a stay on the operation of the judgement, gay rights activists, including NGO Naz Foundation, had said thousands from the LGBT community became open about their sexual identity during the past four years after the high court decriminalised gay sex and they are now facing the threat of being prosecuted.

They had submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBT community.

The NGO had submitted there are a number of "grave errors of law" and "wrong application of law" in the judgement which needs to be corrected.

"This court has failed to consider the submission that Section 377 violates the right to health of men who have sex with men, since criminalisation of same sex activity impedes access to health services, including HIV prevention efforts. This contention was supported by the Ministry of Health and Family Welfare in this court," the review petition had said.

Amid huge outrage against the judgement, the Centre had also filed a review petition in the apex court seeking a relook to "avoid grave miscarriage of justice to thousands of LGBT" persons who have been aggrieved by the apex court judgement contending it is "unsustainable" as it "suffers from errors".

Challenging the verdict, Naz Foundation had said in its review plea that the verdict is contrary to the well-settled legal principles of the Constitution and proscribing certain sexual acts between consenting adults in private, demeans and impairs the dignity of all individuals under Article 21, irrespective of their sexual orientation.

While setting aside the July 2, 2009 judgement of the Delhi High Court, the apex court had held that Section 377 (unnatural sexual offences) of the IPC does not suffer from the vice of unconstitutionality and that the declaration made by the high court is legally unsustainable.

  

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Comment on this article

  • Heri Fernandes, MANGALORE/UK

    Tue, Jan 28 2014

    A man going against the law of nature and the sacredness of matrimony will only lead to destruction. Right decision by the judges. This will only save us and our younger generation from going down the route of terribly immoral ways of life...

    DisAgree [2] Agree [14] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Tue, Jan 28 2014

    No Due.
    In the Queue.
    A Small Gay Crew.
    Gay at bay very Few.
    Now nobody will Sue.

    DisAgree [1] Agree [7] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Tue, Jan 28 2014

    MOST PROBABLY JUDGES PERCEIVED THAT THE GEY'S CANNOT PRODUCE CHILDREN/GENEOLOGY.

    WISENESS PREVAILED.
    MAY GOD BLESS THE JUDGES.

    DisAgree [2] Agree [14] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Tue, Jan 28 2014

    Baab joseph....
    How well you have conceptualized that and conceived it almost into a perfect scene for all of us to see....

    DisAgree [2] Agree [5] Reply Report Abuse

  • steven, Dubai

    Tue, Jan 28 2014

    We all say our forefathers and traditions and religious and so on... What my point of view is that today's society did we find anything that we follow or belief? This is an addition to the crimes that in the world. If you like, follow otherwise swallow.

    DisAgree [5] Agree [2] Reply Report Abuse

  • Amin Bhoja, Patte / Riyadh

    Tue, Jan 28 2014

    We live in a society of the tradition of our forefathers, the homosexuality was condemned earlier and it is condemned at present a clear stand and a difference in between the east and the west!!!.

    DisAgree Agree [12] Reply Report Abuse

  • C K DAYANANDA, MANGALURU

    Tue, Jan 28 2014

    Good decision by the Supreme Court.

    Otherwise, some people may demand drugs and sex with animals to be legalized.

    Such preferences cannot be accepted.

    Homosexuality is a mental disorder and should be corrected through proper treatment.

    DisAgree [3] Agree [18] Reply Report Abuse

  • William, Bantwal

    Tue, Jan 28 2014

    A good and correct decision by SC. They are possessed by evil thoughts and misusing the name of democracy. What a shame for all these guys. The devil has special for them in the eternal fire of hell. We can just pray for them as they drug addicts and do not know what to do???

    DisAgree [1] Agree [12] Reply Report Abuse

  • R.Fernandes, Dubai

    Tue, Jan 28 2014

    Well done. Sanity still exists on earth at least in my country.

    DisAgree [1] Agree [15] Reply Report Abuse

  • Babu, Mangalore

    Tue, Jan 28 2014

    I feel our Mother India is great as only this country does not allow people to do immoral and unnatural activities.
    Some prominent politicos must be unhappy with the court, can't help.

    DisAgree [1] Agree [16] Reply Report Abuse

  • CONRAD JOHN TAURO, SHIRVA/UDUPI/DUBAI

    Tue, Jan 28 2014

    Nature and natural.Good action.

    DisAgree [1] Agree [16] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Tue, Jan 28 2014

    Court Daadha Gay?
    Gay Poyer Gay! Andhe??
    No stay:
    No review,preview or for that matter rear view....

    DisAgree [2] Agree [10] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Tue, Jan 28 2014

    If it is a big blow to some stupid people with perverted mentality,who would like to show themselves as different from others by vouching for homosexuality, So Be It. Thank you judges for upholding Indian values. Otherwise, how do you differentiate wrong from right.everything consensual can not be right. Two consenting adults can kill each other. Some people will see it as a blow to a small (but wrong) group of people, some will look at it as a victory for Indian values.

    DisAgree [1] Agree [20] Reply Report Abuse

  • YOUSUF K, BANAGALORE

    Tue, Jan 28 2014

    GOD IS GREAT...RIGHT DECISION..

    DisAgree [4] Agree [19] Reply Report Abuse

  • Suvarna, Mangalore

    Tue, Jan 28 2014

    Here we go again. Bring it on. Ignorance is a choice, not one's sexuality. Isn't being left handed unnatural?

    DisAgree [18] Agree [2] Reply Report Abuse


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