Supreme Court of India rules: Homosexuality is a "carnal act against the order of nature"

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India’s Supreme Court declares homosexual sex illegal

By Harmeet Shah Singh | CNN

37763825New Delhi, India (CNN) — Sex between consenting homosexual partners is once again illegal in India after the country’s Supreme Court overturned a lower court ruling Wednesday.

Four years ago, India’s High Court decriminalized such a relationship, in what was then hailed by gay rights groups as a landmark ruling.

The Supreme Court overturned that ruling.

Known as Section 377, the law has been in the books since India’s Colonial-era days. It bans people from engaging in “carnal acts against the order of nature.”

On Wednesday, the Supreme Court ruled that the penal code was constitutionally valid.

It was up to parliament, the court said, to decide whether or not to keep the law in the statute books.

Seven year fight

In 2009, the non-profit Naz Foundation won a verdict from New Delhi’s high court after a seven-year legal fight to decriminalize homosexuality.

It argued that the law infringed on the right to equality, privacy and dignity as set out in India’s Constitution.

The High court ruled in Naz’s favor. But the decision came under fire from Christian, Hindu and Muslim groups, who filed an appeal to the Supreme Court.

India’s central government did not appeal, saying it didn’t disagree with the High Court’s ruling.

Amnesty International India called Wednesday’s Supreme Court ruling “a black day of freedom in India.”

“It is hard not to feel let down by this judgment, which has taken India back several years in its commitment to protect basic rights,” the group said.


India’s Supreme Court declares homosexual gay sex illegal

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‘Setback to human dignity’

Until now, India hasn’t maintained a central database of prosecution under Section 377, said Akhilesh Kumar, a chief statistical officer at the National Crimes Record Bureau (NCRB).

“Henceforth, we will be compiling crimes committed under this relevant section,” Kumar said. “Maybe from the next year.”

Rights activists say a number of gay couples have faced court cases because of their relationships.

“There have been hundreds of trials under Section 377 in different parts of the country,” said Colin Gonsalves, a human rights lawyer. He said the law also rendered gay couples vulnerable to what he called harassment by police.

The New York-based group Human Rights Watch called on the Indian government to take steps to scrap Section 377.

“The Supreme Court’s ruling is a disappointing setback to human dignity, and the basic rights to privacy and non-discrimination,” the group said in a statement. “But now the government should do what it should have done in the first place and seek to repeal section 377.”

6 Comments on “Supreme Court of India rules: Homosexuality is a "carnal act against the order of nature"”

  1. thanks be to God they are still governments who are willing to defend what the Kingdom of Heaven stands for. people talk about privacy rights, but what ever is done in private will effect not only those who are part of the act, but a whole nation they can bring into God’s judgement of wrath. when Akan did that which was contrary to the will of God, by taken things from Jericho that they were suppose to destroy, it cause the whole nation to be defeated in battle against a much smaller city called Ai. what he did in secret cause a whole nation to suffer. as far as God is concern when he says that something is wrong he means what he says. if i pass air in a room it will effect every one else in that room. its time to take a stand against sin. its time to speak out. SELAH

  2. Well at least there is a government that is willing to go against the grain, and follow what their law has established years ago, and for good reason. Like they put it, carnal acts against the order of nature…wow. And no, I am not for hating them, we just can not be in agreement of this lifestyle. It goes against what the word of God saids. We love them but not the sin they are in, just like drunkards, liars, drug users, contentious people, adulterers, fornicators, lustful people, ECt. We must preach to them the gospel. And it is up to them if they want to believe or not. God bless y’all .

  3. The West might be okay with gays/lesbians but when it comes to the so called “third world” we don’t tolerate these things. India’s doing the right thing in my eyes.

  4. I hate to be pessimistic but I feel that in this spiritual environment this is only a plot to open the doors to overthrow the Indian government and allow for the homosexuals to be victorious against the laws of another country.

    I would love to count this as a victory for the kingdom of God but this is the world we are talking about here and India for so long has been a closed society. They have The largest population in the world. The absence of Christ makes the country fertile ground for the stronghold of homosexuals to make war with their legal system in order to gain those unguarded souls. The good thing is that Christ saves!

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