THE chairman of India’s Law Commission, Justice Shah, has expressed disapproval towards the country’s re-criminalisation of homosexuality over a year ago.

In December 2013, Section 377 of India’s penal code was upheld by the Supreme Court after it was struck down by the High Court in 2009.

The penal code, a relic from India’s British colonial era, bans “sex against the order of nature” and those convicted face up to 10 years in jail.

Shah spoke about his view during the launch of a book on LGBTI rights in capital city New Delhi.

“Section 377 is discriminatory in its application, unreasonable in its intent, deprives a group of its personal autonomy, and violates individual privacy and human dignity,” he said.

He also warned that the Supreme Court’s ruling was constitutionally wrong.

“Consequences of the laws in our country on gay sex include damage to the psychological well-being of homosexuals, encouragement of violence and facilitation of police harassment and discrimination against the LGBTI community,” Shah said.

Prosecutions under the law have so far been rare – although seven men were arrested under suspicion of breaking the penal code in Bangalore in June.

H/T: PinkNews

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