India Supreme Court refuses to review colonial-era sodomy ban

"The court had an opportunity to correct itself today. This is a court that is meant to be for all human beings"

Published January 28, 2014 5:54PM (EST)

Gay rights activists protest after the country's top court ruled that a colonial-era law criminalizing homosexuality will remain in effect in India.  (Credit: Altaf Qadri/AP)
Gay rights activists protest after the country's top court ruled that a colonial-era law criminalizing homosexuality will remain in effect in India. (Credit: Altaf Qadri/AP)

India's Supreme Court Tuesday refused to review a ruling that reinstated a colonial-era ban on sex between gay adults; the government and human rights activists filed the appeal asking the high court to review its decision.

"The Supreme Court has turned a cold shoulder to these groups and their suffering," attorney Arvind Narrain said in a statement, according to Reuters. "The court had an opportunity to correct itself today. This is a court that is meant to be for all human beings."

The high court ruled in December that parliament must act to change Section 377 on India's penal code, which criminalizes "carnal intercourse against the order of nature with any man, woman or animal."

People found in violation of the law can face up to 10 years in jail.


By Katie McDonough

Katie McDonough is Salon's politics writer, focusing on gender, sexuality and reproductive justice. Follow her on Twitter @kmcdonovgh or email her at kmcdonough@salon.com.

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Anti-lgbtq Laws Gay Rights India Lgbt Rights Lgbtq Rights Sex Sodomy Bans