Gay sex illegal, says Supreme Court, sets aside High Court order
The Supreme Court today said gay sex between consenting adults remains a criminal offence, in a major setback for the largely closeted homosexual community in India.
The top court today said that the Delhi High court's 2009 order decriminalising homosexuality is constitutionally unsustainable.
The Delhi High Court had decriminalised homosexuality while reading down Section 377 of the Indian Penal Code and ruled that sex between two consenting adults in private would not be an offence.
The high court order had been challenged by anti-gay rights activists, social and religious organisations .
Senior BJP leader BP Singhal, who died last year, had challenged the verdict calling it illegal, immoral and against the ethos of Indian culture.
Religious organisations such as the All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance also filed appeals against that verdict.
The Supreme Court had reserved its order in March last year, after day-to-day hearing in the case lasted an entire month. While hearing the appeal, the top court had pulled up the Centre for its "casual" approach in dealing with homosexuality and expressed concern over Parliament not discussing such issues and instead blaming the judiciary for its alleged overreach.
During the arguments, the Centre told the top court that the anti-gay law in the country was a result of the British colonialism and that the Indian society was more tolerant towards homosexuality.
It was a complete U-turn by the Centre which had strongly opposed the decriminalisation of homosexuality before the High Court, calling it "unnatural, immoral and reflection of a perverse mind." (NDTV)
Category : General | Comments : 0 | Hits : 574
Get Free Daily Updates Via e-Mail on Income Tax, Service tax, Excise and Corporate law
- Income Tax Dept serves notices to salaried individuals for documentary proof to claim exemptions
- Bank Branch Audit 2021 - Update on allotment of Branches
- Bank Branch Audit 2020 Updates
- Bank Branch Audit 2021 Updates
- Bank Branch Audit 2020 - Update on Allotment of Branches
- Police Atrocities towards CA in Faridabad - Its Time to be Unite
- Bank Branch Statutory Audit Updates 2019
- Bank Branch Statutory Audit Updates
- Bank Branch Audit 2022 Updates
- Bank Branch Statutory Audit Updates
- NFRA Imposes Monetary penalty of Rs 1 Crore on M/s Dhiraj & Dheeraj
- ICAI notifies earlier announced CA exam dates despite pending legal challenge before SC
- NFRA debars Auditors, imposes Rs 50 lakh penalties for lapses in Brightcom, CMIL cases
- GST Important Update - Enhancement in the GST Portal
- NFRA Slaps Rs 5 lakh Penalty on Audit Firm for lapses in Vikas WSP Audit Case
- CBDT extends due date for filing Form 10A/10AB upto 30th June, 2024
- RBI comes out with FEMA regulations for direct listing on international exchange
- RBI directs payment firms to track high-value, fishy transactions during elections
- NCLT orders insolvency proceedings against Subhash Chandra
- Income Tax dept starts drive to dispose of appeals, 0.54 million at last count
- Payment of MCA fees –electronic mode-regarding
- Budget '11-12' Parliament Completes Approval Exercise
- Satyam restrained from operating its accounts
- ICICI a foreign firm, subject to FDI norms: Govt
- Maha expects Rs 15 crore entertainment tax revenue from IPL
- CAG blames PMO for not acting against Kalmadi
- No service tax on visa facilitators: CBEC
- Provision of 15-minutes reading and planning time allowance to the candidates of Chartered Accountants Examinations
- Companies Bill to be taken up in Monsoon Session
- File Service Tax Return in time as Maximum Penalty increased 10 times to Rs. 20000

Comments