by Rex Wockner
INTERNATIONAL NEWS
India's Supreme Court was scheduled on April 19 to begin hearing 15 separate appeals of the Delhi High Court ruling that struck down the nation's ban on gay sex in July 2009.
The appeals were launched by various groups and individuals. Other groups have intervened to support the decision, including famed filmmaker Shyam Benegal, a group of 19 parents with gay children, a group of 16 academics and teachers, and a group of 14 mental health professionals.
"All these have been admitted into the case, which goes a considerable way towards balancing the 15 petitions opposing us, most of them from extremist religious groups," said activist Vikram Doctor.
The government did not appeal the decision.
In striking down the ban nationally, the High Court "read down" Section 377 of the Indian Penal Code so that it no longer applies to the activities of consenting adults. The section bans "carnal intercourse against the order of nature with any man, woman or animal" under penalty of 10 years to life in prison.
The court said 377 violated a constitutional guarantee of equality under the law, a constitutional ban on discrimination based on sex, and constitutional promises of personal liberty and protection of life.
"Section 377 IPC targets the homosexual community as a class and is motivated by an animus towards this vulnerable class of people," the court wrote. "It has no other purpose than to criminalize conduct which fails to conform with the moral or religious views of a section of society."
Given India's population of 1.2 billion people, the High Court's decision had the effect of decriminalizing 17 percent of all LGB people on the planet.
