New York: The United Nations rights chief on Thursday voiced her disappointment over the ruling by India's Supreme Court that re-criminalises consensual same-sex relationships, calling it "a significant step backward" for the country.
"Criminalising private, consensual same-sex sexual conduct violates the rights to privacy and to non-discrimination enshrined in the International Covenant on Civil and Political Rights, which India has ratified," UN High Commissioner for Human Rights Navi Pillay said.
"Yesterday's Supreme Court decision in this case represents a significant step backward for India and a blow for human rights." Pillay said India's apex court has a "long and proud" history of defending and expanding protection of human rights but the decision on gay sex is a "regrettable departure from that tradition".
She expressed hope that the apex court might exercise its review procedure to rehear the case before a larger panel of judges. "Such a review would provide an opportunity for judges to reconsider whether the Supreme Court s initial decision took sufficient account of all relevant arguments," she said.
Pillay also encouraged the Indian parliament to take definitive action to decriminalise same-sex sexual conduct. She stressed the need to ensure effective protection for lesbian, gay, bisexual, transgender and intersex individuals from violence and discrimination.
The Supreme Court had been asked to examine the constitutionality of Section 377 of the Indian Penal Code, which provides for the punishment of those found guilty of "unnatural offences". The law, introduced over 150 years ago by the British colonial administration, was used to criminalise same-sex relationships.
In 2009, the Delhi High Court had struck down Section 377 in so far as it applied to sexual conduct between consenting adults in private, on the basis that criminalising such conduct is incompatible with the fundamental principles of equality, dignity and non-discrimination enshrined in the Indian Constitution.
The matter was referred to the Supreme Court on appeal. In its decision announced yesterday, the Supreme Court declared Section 377 to be constitutionally valid, thereby overturning the 2009 High Court decision and re-instating Section 377, thus re-criminalising consensual, private same-sex sexual conduct.
UN Secretary General Ban Ki-moon has said "all human beings are born free and equal in dignity and rights". He reaffirmed his stand against discrimination against lesbian, gay, bisexual, transgender or intersex people and stressed the need to recommit ourselves to building a world of freedom and equality for all.
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