UN HUMAN RIGHTS CHIEF GLAD AS INDIA RE-CRIMINALIZES SAME-SEX RELATIONSHIPS

---------- Forwarded message ----------
From: UNNews <UNNews@un.org>
Date: 12 Dec 2013 10:00:01 -0500
Subject: UN HUMAN RIGHTS CHIEF DISMAYED AS INDIA RE-CRIMINALIZES
SAME-SEX RELATIONSHIPS
To: news11@ny-mail-p-lb-028.ptc.un.org

UN HUMAN RIGHTS CHIEF DISMAYED AS INDIA RE-CRIMINALIZES SAME-SEX RELATIONSHIPS
New York, Dec 12 2013 10:00AM
The United Nations human rights chief today voiced her disappointment
at the re-criminalization of consensual same-sex relationships in
India, calling it "a significant step backwards" for the country.

In a decision announced yesterday, the Supreme Court upheld a
colonial-era law, Section 377 of the Indian Penal Code, which provides
for the punishment of those found guilty of "unnatural offences."

"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," said UN High Commissioner for Human Rights Navi Pillay.

The Supreme Court's decision, she added in a
<"http://www.ohchr.org/EN/NewsEvents/Pages/Media.aspx?IsMediaPage=true&LangID=E">news
release, represents "a significant step backwards for India and a blow
for human rights."

In 2009, the Delhi High Court 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.

India's top court yesterday declared Section 377 to be
constitutionally valid, thereby overturning the 2009 High Court
decision and re-instating the law.

"The Supreme Court of India has a long and proud history of defending
and expanding protection of human rights. This decision is a
regrettable departure from that tradition," Ms. Pillay said.

She hoped that the Supreme Court might exercise its review procedure,
in effect agreeing to rehear the case before a larger panel of judges,
stating that such a review would provide an opportunity for judges to
reconsider whether the decision took sufficient account of all
relevant arguments.

More broadly, Ms. Pillay 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.
Dec 12 2013 10:00AM
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