A big blow to the LGBT (lesbian, gay, bisexual and transgender) community as the Supreme Court on Wednesday upheld Section 377 and overruled 2009 Delhi High Court’s verdict on decriminalised homosexuality in India.
The Supreme Court said that Section 377 is a valid constitutional provision and can only be changed through legislation. The Apex Court said that the judiciary has no role in it and gay sex is a criminal offence and punishable up to life imprisonment.
Section 377 of the Indian Penal Code is a piece of legislation in India introduced during British rule that criminalises sexual activity “against the order of nature.” The guilty shall be punished with imprisonment up to life and shall also be liable to fine.
Now it is up to Parliament who can legalise homosexuality in India.
Tags: Delhi High Court Gay sex Homosexuality Homosexuality in India IPC 377 law LGBT Section 377 Supreme Court