India’s Supreme Court on Progressive Roll After Anti-Gay Ruling

Chief Justice of India H.L. Dattu talks with Indian Prime Minister Narendra Modi during the Joint Conference of Chief Ministers and Chief Justices of High Courts, New Delhi, India, April 5, 2015 (AP photo by Manish Swarup).
Chief Justice of India H.L. Dattu talks with Indian Prime Minister Narendra Modi during the Joint Conference of Chief Ministers and Chief Justices of High Courts, New Delhi, India, April 5, 2015 (AP photo by Manish Swarup).
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In the first few months of 2014, people around the world were united in their condemnation of India’s Supreme Court. At the end of 2013, in a case that became known simply as Koushal, the court refused to strike down Article 377 of the Indian Penal Code, a colonial-era provision banning “carnal intercourse against the order of nature.” The court argued it was the job of Parliament, not judges, to repeal controversial laws and, in doing so, effectively recriminalized non-heterosexual sex. The decision rolled back decades of small but hard-fought gains by India’s legally, socially and culturally marginalized lesbian, gay, […]

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