Indian society’s battle with gay sex continues. The Supreme court in India has overruled a Delhi High court ruling by reinstating a ban on gay sex. The court said it was only up to the Indian Parliament to legislate the issue. “It is up to parliament to legislate on this issue,” Justice GS Singhvi, the head of the two-judge Supreme Court bench, said in Wednesday’s ruling, which came on his last day before retiring.
Section 377 is an old law in India that has been in place for 153 years. Indian gay rights groups in India have described the ruling as a betrayal to their human rights while the the Indian government has stated that it will respect the Court’s ruling.
Religious groups, especially leaders of India’s Muslim and Christian communities have welcomed the Supreme court ruling. They had launched a staunch campaign challenging the Delhi High Court order.
Malawi is similarly facing the same legal crisis surrounding gay rights. The debate came to the fore front after the “Aunt Tiwo” gay engagement/wedding ceremony which resulted in the two gay lovebirds being arrested by the Bingu Wa Mutharika government before being later pardoned after pressure from LGBT groups and foreign donors. While the issue has taken a backseat after the recent “Cashgate” scandal, the issue of gay rights continues to be a topic that those running for office in the 2014 elections are yet to fully address.