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India Supreme Court to hear homosexuality decriminalization challenge

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Supreme Court of India on Thursday accepted a petition challenging a lower court ruling declaring India's anti-sodomy law unconstitutional. Sushil Kumar Kaushal asked the Court to set aside a ruling by the Delhi High Court, which found that Section 377 of the Indian Penal Code, outlawing "carnal conduct against the order of nature," runs counter to Articles 14, 15 and 21 of the Article 21 of the Indian Constitution. In his petition, Kaushal argued that decriminalizing homosexual conduct will increase the spread of HIV, and will lead to calls to legalize beastiality. Chief Justice of India Konakuppakatil Balakrishnan asked the Indian government and the Naz Foundation, the plaintiff in the original case, to appear during a scheduled July 20 hearing. The Delhi court's ruling is binding only in the Union Territory of Delhi, while the Supreme Court's ruling would be binding nationwide. The criminalization of homosexuality has been a divisive issue around the world. In April, an appeals court in Senegal ordered the release of nine members of AIDS awareness group AIDES Senegal who had been convicted of sodomy and sentenced to eight years in prison. In November, the parliament of Burundi voted to criminalize homosexuality, a move condemned by human rights groups. In December, the UN General Assembly was divided over the issue as 66 nations signed a statement calling for decriminalization, and nearly 60 nations signed an opposing statement.

Full post as published by JURIST - The Paper Chase on July 09, 2009 (boomark / email).