Supreme Court of India reinstates criminality on gay relations
The Supreme Court on Wednesday pronounced its verdict on a bunch of petitions challenging the Delhi High Court judgement decriminalising gay sex among consenting adults in private.
It is for legislature to look into desirability of deleting section 377 of IPC, says Supreme Court.
The Supreme Court in effect has sets aside Delhi High Court judgement which had decriminalised gay sex.
It however allows appeals filed by various social and religious organisations for making gay sex a criminal offence.
There is no constitutional infirmity in section 377 of IPC which makes gay sex an offence punishable with upto life imprisonment.
The apex court verdict upholding Section 377 came 21 months after it had reserved its verdict in March 2012.
With the apex court verdict, the operation of penal provision against gay sex has come into force.
"Historical opportunity to expand constitutional values has been lost. It is surprising that the court which does judicial review on many issues has put the ball in the court of Parliament to decide on homosexuality," said ASG Indira Jaising on Supreme Court verdict on homosexuality.
As soon as the verdict was pronounced, gay activists in the court looked visibly upset.