Courts & Tribunals
On 01 April 2010, the Allahabad High Court in the Indian state of Uttar Pradesh revoked a decision of the Aligarh Muslim University that suspended Shrinivas Ramchandra Siras, chairman of the school's modern languages department, who was caught in a gay sex sting in February [R2.1].
In February 2010, there were reported to be a total 16 groups challenging the July 2 Delhi High Court order decriminalizing gay sex, in the Supreme Court [R2.2].
In January 2010, the Supreme Court was expected to give a final ruling on repealing the ban on gay sex next month [R2.3].
On 20 July 2009, the Supreme Court declined to put a hold on the groundbreaking ruling of the Delhi High Court to decriminalize gay sex between consenting adults. Noting that there was "no threat of any consequences", the court asked the government to make clear its stand on the issue within two months before it revisits the matter on September 14 [R2.4].
On 14 July 2009, the Supreme Court reportedly agreed to consider a petition against a lower court's ruling that homosexuality should be decriminalised [R2.5].
On 09 July 2009, it was reported that Suresh Kaushal had filed a petition in the country’s supreme court asking for the British colonial-era law to be reinstated. Chief Justice K. Balakrishnan asked the government and campaign groups to respond to the petition [R2.6].
On 02 July 2009, the Delhi High Court ruled that "In the Indian Constitution, the right to live with dignity and the right of privacy both are recognised as dimensions of Article 21. Section 377 IPC denies a person's dignity and criminalises his or her core identity solely on account of his or her sexuality and thus violates Article 21 of the Constitution. As it stands, Section 377 IPC denies a gay person a right to full personhood which is implicit in notion of life under Article 21 of the Constitution". Chief Justice A P Shah and Justice S Muralidahr said the ban violated fundamental human rights [C2.7], [R2.7].
The ruling only applies in New Delhi and can still be opposed by the government.
In October 2008, Chief Justice AP Shah of the Delhi High Court challenged argument put by additional solicitor general PP Malhotra that homosexuality is a disease [R2.8].
In September 2008, the government opposed a petition filed by gay rights activists asking the Delhi High Court to decriminalise homosexual acts between consenting adults [R2.9].
In July 2008, the Bombay High Court said that the controversial Section 377 of Indian Penal Code that deals with unnatural sex needs revision [R2.10].
In November 2004 the Delhi High Court upheld laws in the subcontinent making gay sex a criminal offence, dismissing the petition seeking review of the law [R2.11].
Previously:
In January 2003, the New Delhi High Court Chief Justice Devinder Gupta and Justice B.D. Ahmed told the government to file an affidavit within four weeks making clear its stand in regard to the law that makes homosexual relations a crime [R2.12].
On 26 August 2002, India's High Court refused to accept the state’s argument that changing the law is inappropriate because homosexuality goes against "the morality in society as a whole." Saying that the issue "could not just be brushed aside," the bench instructed the government to file its response to the petition by November 27, the third and last such deadline [R2.13].
In April 2002, the Government sort more time in Delhi High Court to file reply on a petition seeking legislation of homosexuality between consenting adults and consequent amendment to Section 377 of Indian Penal Code (IPC), which makes such a relationship a criminal offence [R2.14].
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