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India’s top court to re-examine gay rights | India’s top court to re-examine gay rights |
(about 1 hour later) | |
NEW DELHI — India’s top court on Tuesday agreed to re-examine a colonial-era law that makes homosexual acts punishable by up to a decade in prison. | |
The Supreme Court set up a five-judge panel to reconsider its 2013 ruling that only Parliament can change the 1861 law banning gay sex. | |
Gay activists cheered the court decision and said they were hopeful that the verdict would ultimately go in their favor, giving them a chance to live openly. | |
In 2009, a New Delhi High Court declared unconstitutional Section 377 of the Indian Penal Code, which says intercourse between members of the same sex is against the order of nature. | In 2009, a New Delhi High Court declared unconstitutional Section 377 of the Indian Penal Code, which says intercourse between members of the same sex is against the order of nature. |
But the judgment was overturned four years later when the Supreme Court decided that amending or repealing the law should be left to Parliament, not the judiciary. | |
However, India’s Parliament did not act in the matter, with the ruling Hindu nationalist party in no hurry to change the law. | |
Activists sought a review of the court decision. | |
On Tuesday, Chief Justice T.S. Thakur and two other judges said it would be appropriate to refer the issue to a five-judge panel because it involved important issues concerning the country’s constitution. | |
Many activists welcomed the decision. | |
“It’s a very positive development and we are confident that we will get our rights,” said Vaijanti, an activist who uses one name. | |
Over the past decade, homosexuals have gained a degree of acceptance in parts of deeply conservative India, especially in big cities. Many bars have gay nights, and some high-profile Bollywood films have dealt with gay issues. | |
Still, being gay is seen as shameful in most of the country, and many homosexuals remain hidden. | |
Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. | Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |
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