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Hope floats: India to review decriminalizing gay sex

In 2009, India decriminalized gay sex; but in 2013, this was reversed, so that gay sex continues to be illegal in the country. A panel of judges will revisit the ruling on the 16th Century colonial-era “anti-buggery law” in October.

Move to end antiquated “anti-buggery law”.

A panel of judges will revisit a ruling on the 16th Century colonial-era “anti-buggery law”. In 2009, India decriminalized gay sex; but in 2013, this was reversed, so that gay sex continues to be illegal in the country. This legislation is outlined in Section 377 of the Indian Penal Code, which bans “carnal intercourse against the order of nature with any man, woman or animal.”

The case was reopened after five petitioners, members of the LGBT community, filed a request to review the ban.

“What is natural to one may not be natural to others. A section of people or individuals who exercise their choice should never remain in a state of fear,” the top court was quoted as saying. “Choice can’t be allowed to cross boundaries of law but confines of law can’t trample or curtail the inherent right embedded in an individual under Article 21 of the Constitution.”

The court is set to review the ban before October.

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