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India’s Supreme Court refuses to hear challenge to law that bans gay sex

India’s Supreme Court refuses to hear challenge to law that bans gay sex

India's LGBTI community will continue to fight

India’s Supreme Court has refused to hear a petition challenging a law criminalizing gay sex.

Section 377 of India’s penal code, which prohibits ‘carnal intercourse against the order of nature’, was reinstated after four years of decriminalization in 2013.

This is the third time India has voted to keep Section 377 in six months.

Shashi Tharoor, a National Congress MP who has repeatedly attempted to repeal the law, called the petition a ‘brief spasm of hope…dashed by Supreme Court’.

He noted the curative review remains, the last hope for activists to get the gay sex ban overturned.

‘Indian culture and history reveal no intolerance of sexual difference or orientation and embrace the ardhanarishvara,’ Tharoor has said. ‘[But many politicians] prefer British colonial law.’

Violation of the law on gay sex can result in a prison sentence of up to 10 years.