John M. Becker

India Nonprofit Launches Last-Ditch Effort to Repeal Anti-Gay Verdict

Filed By John M. Becker | April 01, 2014 2:30 PM | comments

Filed in: Politics
Tags: curative petition, decriminalization, gay sex, India, India Supreme Court, recriminalization, shocking, sodomy law, wrong side of history

india_map.gifAn HIV/AIDS and sexual health organization based in India launched a last-ditch effort to overturn a shocking decision from the India Supreme Court that recriminalized gay sex by reinstating the country's colonial-era sodomy ban.

The Hindustan Times reports:

Naz Foundation - an NGO fighting for gay rights - on Monday filed a curative petition in the Supreme Court requesting it to "correct" its verdict criminalizing gay sex...

Maintaining that the SC verdict required "immediate reconsideration", the petitioner contended that the SC judgment contained many "patent errors on the face of the record", including non-consideration of its main contentions regarding violation of fundamental rights and mistake of law.

"We hope the Supreme Court would entertain our curative petition and grant us open court hearing enabling us to advance oral arguments," senior advocate Anand Grover, who has been representing Naz Foundation in this case, told HT.

As we've previously reported here at Bilerico, a curative petition is where an aggrieved party asks senior justices of the full 28-member Indian Supreme Court to intervene to protect against a violation of basic human rights. Curative petitions are generally not heard in open courts.

A January decision by a two-judge panel of the Court, which declined to reconsider the original anti-gay ruling, indicates that a curative petition is unlikely to succeed. However, the petition is, for all intents and purposes, LGBT advocates' last and best hope for relief, since the only other course of action is a parliamentary repeal of India's sodomy law, which has nearly no chance of actually taking place.

India, the world's second most populous nation, is home to more than 1.2 billion people, including between 14% and 17% of all LGB people on earth. All of them will remain criminals unless and until this Supreme Court ruling is lifted or India's sodomy law is repealed.

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