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India’s law banning gay sex is going back to the Supreme Court again

India’s Naz Foundation is appealing to the Chief Justice of the Supreme Court of India over the criminalization of homosexuality - hoping a recent court ruling that recognized transgender people as a third legal gender will make their case stronger

India’s law banning gay sex is going back to the Supreme Court again

India’s Supreme Court may rule on the legality of gay sex after HIV non-government organization the Naz Foundation applied this morning for the Chief Justice of the court to review the matter.

The Naz Foundation’s lawyers hope that the Chief Justice will take into account the recent Indian Supreme Court ruling that created a legal third gender status for transgender Indians.

‘I am making an application to [the] Chief Justice of India to request that when on Tuesday he decides whether the Koushal judgment [upholding Section 377 of the Criminal Code that criminalizes consensual gay sex] should be reopened and an open hearing should be granted or not, he takes into consideration the National Legal Services Authority (NALSA) judgment [creating legal rights for transgender people],’ Anand Grover, legal counsel for the Naz Foundation told the Times of India earlier today.

Grover believes that if the Koushal judgement is considered alongside the NALSA judgement the Chief Justice may be more inclined to re-examine the constitutionality of Section 377 – which would be the last opportunity for the law to be struck down before the next Indian Government takes power.

Polling has suggested that the Hindu nationalist BJP party may take power and it opposes the legalization of homosexuality.

However it is not impossible that the ruling National Congress party could stitch up a deal with the Aam Aaddmi (Common Man) Party which is a dark horse in the race, contesting national elections for only the first time this year.

Both those parties support the decriminalization of homosexuality in India.

Indians voted over the weekend but with more than 150 million votes to count it may take some time to establish who has won the election.


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