Today, in a case advocated by Christian and Muslim leaders, the Supreme Court of India re-instated a 153-year old law banning gay sex. The court overturned a Delhi High Court ruling from four years ago, stating it had overstepped its bounds.
The Indian Supreme Court also ruled that only the country’s parliament may legalize sex between two people of the same gender, but given that national elections are in May, there’s no rush to even consider equality legislation.
With more than 1.2 billion people, India is the world’s largest democracy and the second-largest country.
“There is almost no chance that Parliament will act where the Supreme Court did not, advocates and opponents of the law agreed,” the New York Times noted. “And with the Bharatiya Janata Party, a conservative Hindu nationalist group, appearing in ascendancy before national elections in the spring, the prospects of any legislative change happening for years is highly unlikely, analysts said.”
The law, known as Section 377, dates back to British colonial rule.
The ruling was sought by a wide coalition of India’s religious groups, including Christians and Muslims, and LGBT activists are angered and disappointed.
“The 2009 New Delhi High Court ruling, which said the law violated fundamental human rights, infuriated conservatives and religious groups who say homosexuality represents a threat to traditional Indian culture,” Boston.com reports:
In a rare alliance, the groups — including the All India Muslim Law Board, Christian groups and Hindu spiritual leaders — argued that gay sex is unnatural and that India should maintain the law.
Amod Kanth, head of the Prayas organization for children’s welfare, one of India’s largest civic groups, cheered Wednesday’s ruling and said banning homosexuality is key to ensuring children’s normal development and protecting their rights to family.
The BBC notes “the ruling has been welcomed by religious groups, particularly leaders of India’s Muslim and Christian communities, who had challenged the Delhi High Court order.”
“Such a decision was totally unexpected from the top court. It is a black day,” said Arvind Narrain, of the Alternative Law Forum gay rights group, according to the BBC:
“We are very angry about this regressive decision of the court,” he said.
“This decision is a body-blow to people’s rights to equality, privacy and dignity,” G Ananthapadmanabhan of Amnesty International India said in a statement.
“It is hard not to feel let down by this judgement, which has taken India back several years in its commitment to protect basic rights,” he added.
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Image: Bangalore, India celebrates its second annual gay pride parade, 2009. Photo by nickjohnson via Flickr