12 Dec 2013

Law against gay sex restored in India

6:11 am on 12 December 2013

The Supreme Court in India has restored a 19th century law which criminalises homosexuality, setting aside an earlier landmark verdict.

In its ruling, the Supreme Court said homosexuality was an issue in which the court should not intervene and it was up to Parliament to legislate on the issue.

According to Section 377, a colonial law passed 153 years ago, a same-sex relationship is an "unnatural offence" and punishable by 10 years in prison.

The BBC reports homosexuality is a taboo in India where many people still regard same-sex relationships as illegitimate.

Although the law has rarely - if ever - been used to prosecute anyone for consensual sex, correspondents say it has often been used by the police to harass homosexuals.

"It is up to parliament to legislate on this issue," Justice GS Singhvi, the head of the Court bench, said in the ruling on Wednesday - his last day before retiring.

"The legislature must consider deleting this provision (Section 377) from law as per the recommendations of the attorney general," he added.

Law Minister Kapil Sibal said the government would respect the ruling but did not say whether there were plans to amend the law. Correspondents say any new legislation is unlikely soon - general elections are due next year.