The Supreme Court will on June 25 hear an application challenging the constitutionality of the buggery law.
The claim was filed by United States-based advocacy group AIDS-Free World on behalf of Jamaican Javed Jaghai.
The group is asking the court to determine if the anti-sodomy law breaches rights guaranteed under the Charter of Fundamental Rights and Freedoms which was passed into law in 2011.
In a release the advocacy group noted that the Charter explicitly guarantees the right to privacy.
However, it pointed out that the Charter also preserves the 1864 anti-sodomy law.
The group noted that under this law, intimacy between two adult men in privacy is an offence which can carry a prison term for up to 10 years at hard labour.
It is contending that is a contradiction.
The group is arguing that under the Charter it is illegal to enforce the anti-sodomy law as it breaches the right to privacy.
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