throwreddit666 t1_j0zywss wrote on December 20, 2022 at 5:48 PM

Reply to comment by stonedkrypto in Gay couples in India ask Supreme Court to legalise same-sex marriage by Cockahoop_Pirate

>the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law(which they did).

This is completely incorrect. That particular provision which criminalises sodomy was read down by the supreme court to not include consensual sex between consenting adults of any gender. The decriminalisation of homosexuality was not brought about by any legislation.

stonedkrypto t1_j1032w2 wrote on December 20, 2022 at 6:15 PM

Thank you for the correction. It was the initial opinion of the SC “The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.” But later revisited and termed section 377 unconstitutional.