The top court in the world’s second-largest nation says it’s up to parliament to decide on undoing the law criminalizing same-sex intercourse. This is “a major setback to LGBT rights,” says the legal group that brought the case. Updated with details from the written judgement.
After a 12 year legal battle, the Supreme Court of India overruled a lower court ruling striking down a law criminalizing consensual same-sex intercourse on Wednesday morning.
The Supreme Court has set aside the sweeping 2009 ruling of the Delhi High Court that struck down the sodomy law, known as Section 377, and referred the question to parliament.
The legal organization that brought the case, the Lawyers Collective, tweeted from the courtroom that this is a “major setback to LGBT rights.”
Since the Delhi High Court ruled the law unconstitutional in 2009, its enforcement has been suspended throughout India. Today’s ruling means people can once again be arrested and prosecuted for “unnatural offenses” in the world’s second largest nation. Continue Reading