Has supreme court missed a chance by refusing to decriminalise gay sex?

GN Bureau | December 11, 2013



The supreme court on Wednesday (December 11) set aside the Delhi high court's order decriminalising homosexuality and said it is up to the government or parliament to take up the matter. Calling the high court’s order, which decriminalised the Indian Penal Code’s Section 377, constitutionally untenable, the apex court observed that it was not up to the courts to decide the issue. The bench of justices GS Singhvi and SJ Mukhopadhaya delivered the verdict on a bunch of petitions filed by anti-gay rights activists, social and religious organisations against the high court's 2009 verdict decriminalising homosexual relationships.

Anand Grover, who represented one of the respondents in the case, Naz Foundation, told the media that the court’s decision is a “huge step back” and many rights and civil society activists, apart from people in general, have criticised the court’s observation. A law made in the British era cannot be tenable in the 21st century and the country, including the judiciary, needs to deal with need for amendment in that light, they contend.

So, has the supreme court let a chance slip by to amend what is generally seen as an anti-human rights law? Is the court right in passing the buck to the government, which, notwithstanding the party in power, is unlikely to ever make a move given the popular backlash any decision to decriminalise homosexual relationships/’activities’/sex?

Comments

 

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter