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The Supreme Court of India:  Repeal section 377 and decriminalize gay sex

The Supreme Court of India: Repeal section 377 and decriminalize gay sex

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This petition has been created by joe N. and may not represent the views of the Avaaz community.
joe N.
started this petition to
The Honourable Supreme Court of India

This petition will be delivered to both the Parliament of India and the Hon'ble Supreme Court of India.

On 2 July 2009, the Delhi High Court decriminalized homosexual intercourse between consenting adults, throughout India. Section 377 of the Indian Penal Code was adjudged to violate the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India.

The Supreme Court of India has since reinstated this colonial-era law, banning homosexual intercourse as being "against the order of nature". This is an outright breach of human rights, as guaranteed by our Constitution. This calls for immediate action and awareness of the issue.

Text of judgment: http://judis.nic.in/supremecourt/imgs1.aspx?filename=41070


Various organizations, like the Naz Foundation (India) Trust has argued that the classification created by Section 377 makes no distinction between consensual and non-consensual sex, and is there invalid and violative of Article 14 of the Constitution. Section 377 violates Article 15(1) of the Constitution, as prohibition of discrimination on the ground of ‘sex’ inherently includes prohibition of discrimination on the ground of ‘sexual orientation’.

Section 377 doesn't just make gay sex illegal, it also holds several “straight” sexual acts to be illegal.

Despite the Supreme Court ruling, the power to change and fight for gay rights in India is ultimately in the hands of the people. We are the world's largest democracy; let your voices be heard, and help us spread this information.

Posted (Updated )