Homosexuality an offence, says Supreme Court
New Delhi: In a jolt to lesbian, gay, bisexual and transgenders, the Supreme Court Wednesday held that consensual sex between adults of the same gender is an offence.
Setting aside the Delhi High Court verdict of 2009, the apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhayay said that there was no constitutional room for change in Section 377 of the Indian Penal Code.
Section 377 of IPC holds that sexual relationship against the order of the nature is an offence.
The Delhi High Court by its, now set aside, verdict had decriminalised the sexual relationship between adults of the same gender under Section 377.
Restoring back Section 377 under the statute book, the court referring to the Attorney General said that government could, if it so desired, amend the law.
The apex court verdict upholding Section 377 came 21 months after it had reserved its verdict in March 2012.