India's Supreme Court will reconsider the nation's ban on gay sex

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Section 377 of the Indian Penal Code criminalising homosexuality has been under scrutiny for over 17 years.

The 2016 law was passed in the aftermath of the U.S. Supreme Court's landmark 2015 ruling legalizing same-sex marriage nationwide.

In 2009, the Delhi High Court had described Section 377 as a violation of the fundamental rights guaranteed by the constitution.

"We are deeply disappointed in the Supreme Court's refusal to hear challenges to HB 1523, the anti-LGBT law that allows religion to be used as a way to discriminate based on specific beliefs about gay marriage, transgender individuals, and sex before marriage".

On Monday, a three-judge bench headed by Chief Justice of India Dipak Misra made a decision to re-examine the constitutional validity of Section 377 and said the matter would be referred to a larger bench.


Why Supreme Court canceled the Delhi high court order?

A law in MS called the Protecting Freedom of Conscience from Government Discrimination Act, enacted in April 2016, notes that the state cannot punish citizens, public servants, businesses, and religious institutions who oppose same-sex marriage, homosexuality and transgender rights.

According to the existing law, the unnatural offender is considered to be a person who "voluntarily has carnal intercourse against the order of nature with any man, woman or animal". A promising sign, the Court also asked the government to respond to a petition from five LGBTQ people who said they live in fear of police due to their identities. Religious groups, however, had appealed against the decision in the Supreme Court. Everybody has equal right to live life the way they want: "All India Mahila Congress President Sushmita Dev on SC bench to reconsider constitutional validity of section 377".

"As long as they don't celebrate it, don't flaunt it, don't create gay bars to select partners it is not a problem. In their privacy what they do, nobody can invade but if you flaunt it, it has to be punished & therefore there has to be Section 377 of the IPC".

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