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Indian SC refuses to review ruling on criminalization of homosexual acts

Local NGO says it will appeal the court's decision
Indian SC refuses to review ruling on criminalization of homosexual acts
Published: January 29, 2014 08:52 AM GMT
Updated: January 28, 2014 09:27 PM GMT

The Supreme Court of India has refused to review a petition against its earlier verdict criminalizing gay sex in the country.

The two-member bench yesterday rejected the review petition filed by the federal government and the Naz Foundation seeking a stay on the court’s December judgment making gay sex an offence punishable by up to 10 years in prison. The Supreme Court had set aside a 2009 Delhi High Court order decriminalizing gay sex.

“It is a very disheartened step by the court. It has overlooked the ample evidence, including Section 377, provided by the petitioners regarding our rights being violated in the country,” Gautam Bhan, a lesbian, gay, bisexual and transgender community member, told ucanews.com.

Section 377 of the Indian Penal Code criminalizes homosexuality or “unnatural” sex irrespective of the consent of the people involved.

Bhan said that the LGBT community had received unprecedented support and acceptance from other Indians. The court has "misread the people’s mood," he said.

Terming it as a regressive order, Anjali Gopalan, founder and executive director of the Naz Foundation, a New Delhi-based NGO working on HIV/AIDS and sexual health issues, told ucanews.com they will appeal the Supreme Court’s latest decision.

Protesting the order, hundreds of LGBT members participated in a candle-light march in New Delhi yesterday and vowed to continue their fight for equal rights.

Gopalan said vowed to continue protesting and generating awareness about the issue.

Meanwhile, Catholic Church officials spoke out against the court decision.

“The church is against making gay sex a criminal act. These people are human beings and have some rights and entitlements. They should not be barred from any act and tagged as criminals,” Father Charles Irudayam, secretary of the Indian bishops’ justice, peace and development, told ucanews.com.

The priest said "it is our duty to show pastoral care for such people."

Following the court's December ruling, Cardinal Oswald Gracias of Mumbai and president of the Indian bishops’ conference, said that the church has "never considered gay people criminals."

"As Christians, we express our full respect for homosexuals. The Catholic Church is opposed to the legalization of gay marriage, but teaches that homosexuals have the same dignity of every human being and condemns all forms of unjust discrimination, harassment or abuse," Cardinal Gracias said.

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