Gay rights activists cover themselves with a rainbow flag as they
celebrate the Supreme court's decision on gay sex in Mumbai, India
(Reuters)
By Aditya Kalra and Andrew MacAskill
India's top court will review a decision over whether to uphold a colonial-era law that criminalises gay sex.
The Supreme Court on Tuesday (local time) asked a
five-judge bench to examine whether the 1860 law, which imposes a
10-year sentence for gay sex, is constitutional, a lawyer for a gay
rights group said.
"It is definitely a move forward," lawyer Anand Grover said as activists gathered outside the court cheered.
This was the last legal avenue for campaigners
seeking to use the courts to strike down the law. Otherwise, any future
decisions to lift the ban will rest with the country's politicians who
are largely conservative and oppose any changes.
The Supreme Court made a surprise ruling in 2013
that reinstated a ban on gay sex. That decision ended a four-year period
of decriminalisation that helped bring homosexuality into the open.
After the hearing, a group of gay rights activists outside the court sang: "We will be successful."
Human
rights group Amnesty International India welcomed the court's review,
saying the law puts homosexuals under physical, mental and legal threat.
"The Supreme Court has another chance to correct a grave error," Amnesty said.
National
surveys show about three quarters of Indians disapprove of
homosexuality and are deeply traditional about other issues of
sexuality, such as sex outside of marriage.
India
is one of 75 countries around the world that outlaws homosexuality,
according to the International Lesbian, Gay, Bisexual, Trans and
Intersex Association.
Although the law banning
homosexuality is rarely enforced in India, it is used to intimidate,
harass, blackmail and extort money from homosexuals, activists say.
Reuters
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