The judgment that overturned a 2009 judgment by Delhi High Court that decriminalised homosexual acts also said "plight of sexual minorities" can not be applied blindfolded for deciding the constitutionality of the law enacted by the Indian legislature. Later, in 2013, the Supreme Court overturned the decision.
"We are deeply disappointed in the Supreme Court's refusal to hear challenges to HB 1523, the anti-LGBT law that allows religion to be used as a way to discriminate based on specific beliefs about gay marriage, transgender individuals, and sex before marriage".
In August this year, the apex court, in its landmark judgment on the privacy issue, said that "sexual orientation is an essential attribute of privacy".
Section 377 of IPC - which came into force in 1862 - defines unnatural offences.
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Section 377, modelled on a 16th-century British law, bans "carnal intercourse against the order of nature with any man, woman or animal", and is punishable by life imprisonment. This also has implications for heterosexuals, as consensual sexual acts of adults - oral and anal sex in private - are now treated as unnatural and punishable under Section 377 of the Indian Penal Code.
Welcoming the decision, All India Mahila Congress President Sushmita Dev said, "Congress welcomes Supreme Court's decision".
"The court's inaction today means that LGBTQ Mississipians will continue to face harassment and discrimination", said Mason Davis, head of Freedom for All Americans, a bipartisan campaign to secure nondiscrimination protections for LGBTQ persons.
SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI. Underlining the need to bring them into the mainstream, the verdict by a bench of Justices KS Radhakrishnan and AK Sikri said transgenders should have all rights under the law, including marriage, adoption, divorce, succession, and inheritance.