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India's Supreme Court agrees to hear gay sex petition

Publication Date : 23-04-2014

 

The Supreme Court of India today agreed to hear next week in open court a curative petition of gay rights activists for decriminalising gay sex.

Earlier, gay rights activists had appealed to the high court to take into account its recent verdict on granting separate recognition to transgenders while deciding their curative petition against its judgment criminalising homosexuality.

Appearing before a Bench headed by Chief Justice P Sathasivam, senior advocate Anand Grover had pleaded that it should consider the 15 April verdict recognising transgenders or eunuchs as third category of gender while taking a decision on the curative plea.

The petitioners, including NGO Naz Foundation, which has been spearheading the legal battle on behalf of the lesbian, gay, bisexual and transgender (LGBT) community, contended that there was an error in the judgment delivered on 11 December last year as it was based on an old law.

The court had earlier dismissed a batch of review 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 setback to the LGBT community fighting a battle for recognition of their right for sexual preferences, the high court had on December 11, 2013 set aside the Delhi high court judgement decriminalising gay sex and thrown the ball in Parliament's court for amending the law.

The gay rights activists and organisations had said thousands from the LGBT community disclosed their sexual identity during the past four years after the high court decriminalised gay sex and they are now facing threat of being prosecuted.

 

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