Homosexuality

Section 377 punishes “carnal intercourse against the order of nature with man, woman or animal” with life imprisonment, though formal prosecution is rare. But activists allege the law forces the LGBT community to live in fear and face blackmail, intimidation and pervasive discrimination. The court noted that it would not judge that portion of the law that criminalises intercourse with an animal. It also specified the discussion would be restricted to consenting adults so that children remain protected. “Consent between two adults has to be the primary pre-condition otherwise children would become prey, which the Constitution does not allow. Protection of children in all spheres has to be guided,” it said.In 2009, Section 377 was read down by the Delhi high court, which decriminalised consensual same-sex relationships between adults, but this was overturned in December 2013 by the top court, which asked Parliament to bring a law if it wished to do so. A review petition against the decision was dismissed, but a curative petition is pending in the Supreme Court. The top court said the latest petition raised larger issues that needed consideration. The Supreme Court bench said on Monday that natural and sexual orientation and choice could not be allowed to cross the boundaries of law, but added: “The confines of law cannot trample or curtail the inherent right embedded in an individual under article 21 (right to dignity).”