Gay sex is illegal, says Indian Supreme Court

Posted on 21st Dec 2013 01:46 pm by admin

NEW DELHI: Gay sex will remain in closet for more time in India.

The Indian Supreme Court on Wednesday ruled that gay sex is illegal and a punishable offence.

The apex court ruling overrules the Delhi High Court judgement in 2009 that had legalized gay sex, saying that sexual union between two consenting adults in private constituted no punishable offence.

The Supreme Court ruling comes in response to petitions by various religious and social bodies challenging the high court judgment.

The top court upheld the constitutional validity of Section 377 of Indian Penal Code that makes gay sex a punishable offence with up to life term.

The apex court said so long as Section existed on the statute books, it cannot make gay sex legal. Only Parliament can remove Section 377.

The Supreme Court said, “It is for the legislature to look into desirability of deleting Section 377 of the IPC.’’

Among those who challenged the Delhi high ruling on gay sex were the Utkal Christian Council and Apostolic Churches Alliance, the Muslim Personal Law Board, Yogaguru Ramdev and others.

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