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India’s Gay Sex Ban For Review

The Indian Supreme Court has ordered a review of the law that criminalises consensual sex between men in response to a mass petition filed by the LGBT community who said they felt persecuted for their sexual orientation.

The decision for review comes after a Supreme Court decision last August that ruled that all Indian citizens have a constitutional right to privacy. In the judgment, the court wrote that “sexual orientation is an essential attribute to privacy.”

The law that criminalises sex between men is called Section 377 of the Indian Penal Code, it was introduced in 1861 and imposes a 10-year prison sentence for “carnal intercourse against the order of nature with man, woman or animal.” It most often applies to sex between men, but also extends to oral and non-vaginal sex of any kind.

The review of the law should take place by October 2018.

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