‘Carnal Intercourse Against the Order of Nature’ Is Still Illegal in India
The country's top court declined to revisit a law that targets gay sex — the latest setback for the subcontinent’s LGBT community and its struggle for equality.
India’s top court declined Wednesday to revisit the country’s ban on “carnal intercourse against the order of nature,” thereby upholding a law barring gay sex, in the latest setback for the subcontinent’s LGBT community and its struggle for equality.
India’s top court declined Wednesday to revisit the country’s ban on “carnal intercourse against the order of nature,” thereby upholding a law barring gay sex, in the latest setback for the subcontinent’s LGBT community and its struggle for equality.
“The Supreme Court refused to hear the matter,” Arvind Dattar, a lawyer representing one of the signatories to the petition seeking to challenge Section 377 of the Indian penal code, told Reuters.
The ban, first penned under British rule, carries a maximum sentence of 10 years. Depending on how it is interpreted, it could also ban some straight sex acts. Convictions are uncommon, but the statute has contributed to the harassment of LGBT people and thwarted HIV/AIDS prevention and treatment efforts, according to Human Right Watch.
The Delhi High Court overturned the law in 2009, ushering in a four-year era of increased legal protection for India’s LGBT community. But the Supreme Court put the ban back into place in 2013.
“The Indian Supreme Court’s repeated refusal to entertain challenges to the archaic colonial-era law known as Section 377 which criminalizes same-sex acts is very disappointing,” Ty Cobb, director of Human Rights Campaign Global, told Foreign Policy. “As the world’s largest democracy in a global marketplace, the government of Prime Minister Modi and the Indian judicial system should take a more proactive stance to protect vulnerable communities, including LGBTQ people.”
A number of Indian celebrities, including chef Ritu Dalmia and hotelier Aman Nath, signed the petition challenging the law’s constitutionality. But their high-profile involvement failed to sway the court.
“Despite [LGBT people’s] achievements and contributions to India in various fields, they are being denied the right to sexuality, the most basic and inherent of fundamental rights. Section 377 renders them criminals in their own country,” the petition reads, as reported by the Indian Express.
The Supreme Court had ruled previously that the onus was on the legislature to amend the law.
The Indian embassy in Washington did not immediately respond to a request for comment.
Photo credit: ARUN SANKAR/AFP/Getty Images
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