Gay sex illegal: Supreme Court

The Supreme Court has declared that Section 377 is a valid constitution provision

In a huge setback to the LGBT community, the Supreme Court has set aside the Delhi HC order which decriminalises homosexuality, hence upholding Section 377 of the IPC, which considers consensual gay sex to be a criminal offence. 

 

The Supreme Court bench apex court bench of Justice G S Singhvi and Justice S J Mukhopadhayay said that there was no constitutional room for change in Section 377 of the Indian Penal Codehas declared that Section 377 is a valid constitution provision. 

 

Restoring back Section 377 under the statute book, the court referring to the Attorney General said that government could, if it so desired, amend the law, as the judiciary had no part to play in it.

 

 

In 2009, the Delhi High Court passed an order that stated homosexual sex in private was not a criminal offence. This order however was challenged by various reigious groups and anti-gay rights activists.

The apex court verdict upholding Section 377 came 21 months after it had reserved its verdict in March 2012.