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Times Campaign: Repeal the Section 377 IPC provision that criminalises homosexuality
In a major setback to gay rights in India, the Supreme Court has set aside a Delhi high court order of July 2009 that had decriminalized private consensual sex between adults of the same sex. The high court order, which had amended a colonial-era law dating back to 1860, was hailed as a milestone in the India's social evolution. The high court had declared that this provision of Section 377 of the Indian Penal Code violated fundamental rights to personal liberty (Article 21 of the Constitution), equality (Article 14) and prohibition of discrimination (Article 15).
While setting aside the high court order, the apex court said Parliament was authorized to remove Section 377, but as long as this provision was there, the court could not legalize this kind of sexual relationship. "It is for the legislature to look into desirability of deleting section 377 of the IPC," the apex court said.
In a 21st-century liberal society, treating gay sex as a criminal offence would be seen by most people as a violation of human rights. Join Times Campaign to call upon Parliament to repeal this provision of Section 377 of the IPC.
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