Setback for gay community, which argued that penal code undermined their rights by failing to protect sexual preferencesIndia’s supreme court has refused to hear a petition challenging a law criminalising gay sex, in a setback for activists battling in the country’s courts to get the ban overturned. A number of well-known lesbian, gay and bisexual Indians had argued that section 377 of India’s penal code, which prohibits “carnal intercourse against the order of nature with any man, woman or animal”, undermined their fundamental rights by failing to protect their sexual preferences.

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