India Supreme Court Reviews Homosexuality De-Criminalization Ruling

AKAWilliam — Mon, 20 Jul 2009 17:51:28 +0000

More news on the state of the legalization of homosexuality in India. First word was that a Delhi Hight court had ruled that homosexuality would be legal only in New Delhi. Then clarification came out that the ruling would de-criminalize it across the country. Then an anti-gay astrologer filed a suit against the ruling. But the New Delhi Supreme Court has refused to stay its ruling:

The Supreme Court on Monday declined to pass an interim order to stay the Delhi High Court verdict legalising gay sex among consenting adults.

The apex Court said it would wait for the government to come out with a definite stand on the issue.

“We are not for stay as there is no threat of any consequences. We will hear the government, what is their stand,” a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said.

New SD

UPDATE: India Ruling Legalizes Homosexuality Across India

AKAWilliam — Fri, 03 Jul 2009 20:33:05 +0000

Yesterday, it looked like the ruling that came from a New Delhi court that legalized homosexuality was valid only within New Delhi. But after some legal wrangling, it looks like the ruling applies to all of India:

Although legal pundits are divided on this, the law laid down by a 2004 SC judgment implies that homosexuals across the country may rest assured that they too are entitled to the benefits of the historic Delhi high court decision on Section 377 IPC.

. . . There is another reason why homosexuals outside Delhi can derive strength from the 2004 SC ruling on territorial jurisdiction: This is the first ever pronouncement on the constitutionality of Section 377. As a result, there is no question of any existing judgment conflicting with it. [Times of India]

AKA William » New Delhi

India Supreme Court Reviews Homosexuality De-Criminalization Ruling

UPDATE: India Ruling Legalizes Homosexuality Across India