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India top court reinstates gay sex ban | |
(35 minutes later) | |
India's top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights. | India's top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights. |
The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts. | The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts. |
The court said it was up to parliament to legislate on the issue. | The court said it was up to parliament to legislate on the issue. |
According to Section 377, a 148-year-old colonial law, a same-sex relationship is an "unnatural offence" and punishable by a 10-year jail term. | According to Section 377, a 148-year-old colonial law, a same-sex relationship is an "unnatural offence" and punishable by a 10-year jail term. |
Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling. | Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling. |
Gay rights activists have described Wednesday's Supreme Court ruling as "disappointing" and lawyer Arvind Narrain described it as "a black day". | |
In its 2009 ruling, the Delhi High Court had described Section 377 as discriminatory and said gay sex between consenting adults should not be treated as a crime. | |
The ruling was widely and visibly welcomed by India's gay community, which said the judgement would help protect them from harassment and persecution. | |
But it was strongly opposed by religious groups, particularly leaders of India's Muslim and Christian communities. |