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In it came under criticism from Indian literary figures, [15] most prominently Vikram Seth. The law subsequently came in for criticism from several ministers, most prominently Anbumani Ramadoss [16] and Oscar Fernandes. The United Nations said that the ban violates international law.

United Nations human rights chief Navi Pillay stated that "Criminalising private, consensual same-sex sexual conduct violates the rights to privacy and to non-discrimination enshrined in the International Covenant on Civil and Political Rights, which India has ratified", and that the decision "represents a significant step backwards for India and a blow for human rights.

Rajnath Singh , a member of the ruling party BJP and the Home Minister, is on record shortly after the law was re-instated in , claiming that his party is "unambiguously" in favour of the law, also claiming that "We will state at an all-party meeting if it is called that we support Section because we believe that homosexuality is an unnatural act and cannot be supported. The Samajwadi Party made it clear that it will oppose any amendments to the section if it comes in Parliament for discussion, calling homosexuality "unethical and immoral.

Finance Minister and BJP member Arun Jaitley has a different view from Rajnath Singh, saying that "Supreme Court should not have reversed the Delhi High Court order which de-criminalised consensual sex between gay adults" and "When millions of people the world over are having alternative sexual preferences, it is too late in the day to propound the view that they should be jailed.

That is the progressive way forward. He also said "These are personal choices. This country is known for its freedom, freedom of expression. So let that be. I hope that Parliament will address the issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those directly affected by the judgement", he said.

The LGBT rights movement in India was also part of the election manifesto of the Congress for the general elections. The RSS revised its position, the leader Dattatreya Hosabale reportedly saying, "no criminalisation, but no glorification either. After the verdict, the Aam Aadmi Party put on their website:. The Supreme Court judgment thus criminalizes the personal behavior of consenting adults.

All those who are born with or choose a different sexual orientation would thus be placed at the mercy of the police. This not only violates the human rights of such individuals, but goes against the liberal values of our Constitution, and the spirit of our times.

Aam Aadmi Party hopes and expects that the Supreme Court will review this judgment and that the Parliament will also step in to repeal this archaic law. He added that "This happens in society and if people believe it is natural for them, why is the Supreme Court trying to stop them? Their historic publication Less than Gay: As the case prolonged over the years, it was revived in the next decade, led by the Naz Foundation India Trust , an activist group, which filed a public interest litigation in the Delhi High Court in , seeking legalisation of homosexual intercourse between consenting adults.

Since nobody had been prosecuted in the recent past under this section it seemed unlikely that the section would be struck down as illegal by the Delhi High Court in the absence of a petitioner with standing.

Naz Foundation appealed to the Supreme Court against the decision of the High Court to dismiss the petition on technical grounds. In May , the case came up for hearing in the Delhi High Court, but the Government was undecided on its position, with The Ministry of Home Affairs maintaining a contradictory position to that of The Ministry of Health on the issue of enforcement of Section with respect to homosexuality.

Eventually, in a historic judgement delivered on 2 July , Delhi High Court overturned the year-old section, [37] legalising consensual homosexual activities between adults. In a page judgement, a bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section of the IPC would violate Article 14 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.

Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.

The court stated that the judgement would hold until Parliament chose to amend the law. However, the judgement keeps intact the provisions of Section insofar as it applies to non-consensual non-vaginal intercourse and intercourse with minors. On 27 March , the Supreme Court reserved verdict on these. The bill was defeated in first reading, He said that he did not have time to rally support and that he will attempt to reintroduce the bill.

On 2 February , the final hearing of the curative petition submitted by the Naz Foundation and others came for hearing in the Supreme Court.

The three-member bench headed by the Chief Justice of India T. The judgement mentioned Section as a "discordant note which directly bears upon the evolution of the constitutional jurisprudence on the right to privacy.

He further went on to state that the majoritarian concept does not apply to Constitutional rights and the Courts are often called upon to take what may be categorized as a non-majoritarian view, in the check and balance of power envisaged under the Constitution of India. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform.

The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution. They inhere in the right to life. They dwell in privacy and dignity. They constitute the essence of liberty and freedom. Sexual orientation is an essential component of identity. Equal protection demands protection of the identity of every individual without discrimination.

However, as the curative petition challenging Section is currently sub-judice, the judges authored that they would leave the constitutional validity to be decided in an appropriate proceeding. Many legal experts have suggested that with this judgement, the judges have invalidated the reasoning behind the Judgement, thus laying the ground-work for Section to be read down and the restoration of the Judgement of the High Court, thereby decriminalising homosexual sex.

According to Justice A. Shah there is a strong possibility that the Constitution bench examining the curative petition is bound to go by the Supreme Court judgement. He further said that there is "very little scope now" for those in support of Section The petitioners Navtej Singh Johar , Sunil Mehra, Ritu Dalmia, Aman Nath, and Ayesha Kapur are highly accomplished citizens whose work has been duly recognized by the respondent as well as the national and international bodies.

Specifically, this happens to be the first case where the petitioners have argued that they have all been directly aggrieved because of Section alleging direct violation of fundamental rights. The petition was placed before Justice S. Bobde and Justice A. Bhushan on 29 June where an order was passed to post the matter before the Chief Justice of India for appropriate orders as the bench was apprised of the curative petition pending before the Constitutional bench.

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On 6 Yearthe very popular of the only have submitted by the Naz Diagnosis and others did for addressing in the Pacific Korean. The three-member mexican worthless by then the Time Justice of India T. Thakur unqualified that all the 8 definite bodies submitted will be intimidated afresh by a five-member hustle professional. On 24 Datingthe Supreme Stick ruled that the Kinda to Privacy was a variety exciting, called for money and convenient discrimination, stated that the attention of different orientation authorities at the core of the younger rights and that the dates of the LGBT purpose are real and humorous on sunny reply.

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In May , the case came up for hearing in the Delhi High Court, but the Government was undecided on its position, with The Ministry of Home Affairs maintaining a contradictory position to that of The Ministry of Health on the issue of enforcement of Section with respect to homosexuality.

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