John M. Becker

India Supreme Court May Reconsider Anti-Gay Ruling

Filed By John M. Becker | April 03, 2014 12:30 PM | comments

Filed in: Politics
Tags: curative petition, decriminalization, gay sex, India, India Supreme Court, recriminalization, shocking, sodomy law, wrong side of history

india-supreme-court.jpgEarlier this week we reported about a last-ditch effort by activists in India to overturn an awful decision from that country's Supreme Court that recriminalized gay sex by reinstating that country's colonial-era sodomy ban.

The activists filed a curative petition, where an aggrieved party asks senior justices of the full 28-member Indian Supreme Court to intervene to protect against a violation of basic human rights. Due to a January decision by two-judge panel of the Court not to reconsider the ruling, many thought the curative petition wouldn't even be heard.

But the Court has apparently acquiesced to the advocates' pleas, the Times of India reports:

The Supreme Court on Thursday agreed to consider the plea for an open court hearing on curative petitions filed by gay rights activists against its verdict criminalizing homosexuality.

A bench headed by Chief Justice P Sathasivam, before whom the matter was mentioned by senior lawyers appearing for different parties, said that it will go through the documents and consider their plea...

The petitioners, including NGO Naz Foundation which has been spearheading the legal battle on behalf of Lesbian, Gay, Bisexual, and Transgender (LGBT) community, contended that there was an error in the judgment delivered on December 11 last year as it was based on old law.

"The judgment was reserved on March 27, 2012 but the verdict was delivered after around 21 months and during this period lots of changes took place including amendment in laws which were not considered by the bench which delivered the judgment," senior advocate Ashok Desai told the bench

Kudos to the Naz Foundation and all the other brave equality advocates for working so hard to correct this profound injustice.

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