The Indian Supreme Court ruled today that an ancient law banning gay sex was struck down improperly, reinstating the law and essentially making homosexuality illegal.
In 2009, a lower court decided that a law passed by the British in 1861 which banned “carnal intercourse against the order of nature with man, woman or animal” was unconstitutional. The Supreme Court today overturned that decision. Under this law, homosexuality is punishable by up to 10 years in prison, and only Parliament can change it.
There is almost no chance that Parliament will act where the Supreme Court did not, advocates and opponents of the law agreed. And with the Bharatiya Janata Party, a conservative Hindu nationalist group, appearing in ascendancy before national elections in the spring, the prospect of any legislative change in the next few years is highly unlikely, analysts said. …
S. Q. R. Ilyas, a member of the All India Muslim Personal Law Board, which had filed a petition in the case asking that the lower court decision be reversed, praised Wednesday’s ruling.
“These relationships are unethical as well as unnatural,” Dr. Ilyas said. “They create problems in society, both moral and social. This is a sin as far as Islam is concerned.”
We should be mad as hell right now, you guys — and a little bit terrified. This is a law from 1861. That’s how far we’re regressing.