SC refuses to review gay sex verdict

January 28, 2014 14:10

The Supreme Court on Tuesday refused to review its verdict declaring gay sex an offence punishable up to life imprisonment.

Seeking stay on the operation of the judgement, gay rights activists, including NGO Naz Foundation, said thousands from the LGBT community became open about their sexual identity during the past four years after the high court decriminalised gay sex and they are now facing the threat of being prosecuted.

They submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBT community.

The NGO submitted there are a number of "grave errors of law" and "wrong application of law" in the judgement which needs to be corrected.

"This court has failed to consider the submission that Section 377 violates the right to health of men who have sex with men, since criminalisation of same sex activity impedes access to health services, including HIV prevention efforts. This contention was supported by the Ministry of Health and Family Welfare in this court," the petition said.

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