India: Supreme Court recriminalises "carnal intercourse against the order of nature"
The Indian Penal Code 1860 in s.77 makes "carnal intercourse against the order of nature with any man, woman or animal" punishable with imprisonment for life. In Suresh Kumar Koushal v NAZ Foundation, reversing a 2009 decision of the Delhi High Court, the Supreme Court concluded that the provision is constitutionally valid. As a result, India now rejoins 76 other jurisdictions in criminalising same-sex behavior. The decision is for the most part poorly written and insufficiently reasoned, and the four strands of arguments, individually and collectively, leave much to be desired.
Colonial legislation, Constitutional rights, Constitutionality; Homosexuality, India, Presumptions, Sexual offences
Asian Studies | Constitutional Law | Courts
Law, Society and Governance
Sweet and Maxwell
India: Supreme Court recriminalises "carnal intercourse against the order of nature". (2014). Public Law. 344-347. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1332