India’s Law Minister: Government is attempting to reverse ruling that reinstated gay sex ban

Dec 20 2013
Written by PinkNews.co.uk Staff Writer

Illustrated rainbow pride flag on a white background.

The Indian federal Law Minister Kapil Sibal has said that the the government has filed a petition with the country’s Supreme Court to reverse the decision that led to gay sex being re-criminalised earlier this month.

In a tweet sent earlier this morning, Mr Sibal said: “The Govt has filed the review petition on #377 in the Supreme Court today. Let’s hope the right to personal choices is preserved.”

On Wednesday, India’s Supreme Court upheld a law which criminalises gay sex, reversing a landmark 2009 Delhi High Court order which had legalised same-sex sexual activity.

Section 377 of India’s penal code bans “sex against the order of nature”, which is widely interpreted to mean gay sex, and can be punished with up to 10 years in jail – although at the moment prosecutions remain rare.

After the ruling was made, Mr Sibal said: “There are several options open to the government and we are considering all possible options but time is of the essence, we need to take quick action, firm action. The archaic law should be changed, millions of people are affected and these people should not be exposed to 377.”

LGBT campaigners in India and around the world reacted with shock at the ruling.

UK Deputy Prime Minister Nick Clegg wrote about his “personal sadness” at the law being reintroduced in India in an article for PinkNews.co.uk.

Sources say the government’s options include bringing an ordinance, or an executive order that has to be ratified within six months by the Indian Parliament.

Finance Minister P Chidambaram said the Supreme Court ruling had taken India “back to 1860”.

“The reasoning of the judgement is worrying. Our knowledge of physiology and psychology was poor in 1860, now to say same sex intercourse is against order of nature is retrograde,” he added.

The president of the ruling Congress party Sonia Gandhi also criticised the Supreme Court ruling.

She hoped that “Parliament will address the issue and uphold the Constitutional guarantee of life and liberty to all citizens.”

“Delhi High Court had wisely removed an archaic, unjust law,” she added.