Indian Government will appeal Section 377 decision rather than repeal it

The Indian Government has confirmed that it will not seek to pass a law repealing India’s Section 377 anti-sodomy law until all avenues for appeal through the courts are exhausted – something that could take months.

Indian Government will appeal Section 377 decision rather than repeal it
19 December 2013

India’s Law Minister Kapil Sibal has confirmed that his government will seek a judicial review of the Supreme Court’s verdict that the country’s ban on gay sex is constitutional.

On 11 December two of India’s Supreme Court justices cancelled the repeal of Section 377 of India’s Penal Code – effectively re-criminalizing homosexuality in the South Asian nation.

Sibal had initially indicated his government might pass a bill to repeal Section 377 but he has now confirmed the government plans to take the far more time consuming path of having the two justices’ decision reviewed by five Supreme Court justices.

One of the justices that ruled in favor of Section 377 being retained has already retired but it remains unknown how the other judges on the Supreme Court might lean.

Sibal says the government will not consider any legislative initiatives decriminalizing homosexuality until the judicial review is completed – which could potentially take months.

The main opposition Hindu-nationalist BJP party have come out strongly against the idea of repealing Section 377 and Indians go to the polls for general elections in five months.

HAVE YOUR SAY

MORE TOP STORIES

No thumbnail available

Out actor Daniel Franzese not afraid to get naked on Looking

He's gone from a maybe gay teen on Mean Girls to sexy bear on HBO series
No thumbnail available

US Attorney General mentions gays and lesbians at speech honoring 1963 March on Washington

According to Attorney General Eric Holder the struggle for black equality, that started 50 years ago, now includes gays and lesbians
No thumbnail available

Anti-gay evangelist threatens rights group with $100million lawsuit

Bill Keller, internet evangelist, is suing Southern Poverty Law Center for not taking his ministry of their 'hate list'
No thumbnail available

LGBT film characters are still mostly male, still mostly white and it's not improving fast enough

No US studio has ever received an 'excellent' rating in the GLAAD film report
No thumbnail available

Australian senators cross political divide to form group to work for gay marriage

A group of Australian senators from the Liberal, Greens and Labor parties have formed a cross-party working group to work towards the legalization of same-sex marriage in Australia
No thumbnail available

Judge orders that marriages of four gay Ohio couples be recognized immediately

Timothy Black stayed his ruling striking down state's marriage ban to prevent 'premature celebration and confusion'
No thumbnail available

Former Florida governor Charlie Crist sorry for backing gay marriage ban

Former Republican Florida governor Charlie Crist has apologized for backing a state constitutional ban on gay marriage in 2008 as he runs for his old job again as a Democrat
No thumbnail available

Gay-themed Thor: The Dark World poster made by fan accidentally used by Shanghai cinema

Image features Chris Hemsworth cuddling with co-star Tom HiddlestonTom Hiddleston
No thumbnail available

Vietnam pledges $168 million to fight AIDS

Vietnamese Prime Minister announces a $168 million dollars to fight HIV and AIDS
No thumbnail available

Russia region to repeal ‘gay propaganda’ law

While the federal law will still stand in Arkhangelsk, repealing the law could aid a court battle at the European Court of Human Rights