December 13, 2013 | Sex & Society

India's top court upholds ban on gay sex

India's Supreme Court on Wednesday surprised many when it struck down a 2009 lower court decision to decriminalize homosexuality. The judges argued that it was up to lawmakers to change the law, not the courts.

“It’s a black day for us,” said Anjali Gopalan, the executive director of the Naz Foundation, which fought to defend the 2009 judgment. “I feel exhausted right now, thinking that we have been set back by 100 years.”

The law dates back to the 1860s, when Britain ruled over South Asia. It states that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal" faces up to 10 years in prison."

In 2009, the New Delhi High Court ruled that the law violated fundamental human rights.

Conservative and religious groups, including the All India Muslim Law Board and Hindu spiritual leaders, pushed the issue to the Supreme Court, pressing the court to reinstate the ban against 'unnatural' gay sex.

India’s Law Minister Kapil Sibal said the government could review the issue in parliament, though with general elections planned for next May, it seems likely this issue will have to wait.

“We have no expectations from Parliament. I am not sure we have much hope left,” said Gopalan. “On a one-on-one basis the political parties are okay, but they don’t want to take a public stand.”

India’s top court reinstates ban on gay sex [The Globe and Mail]