Wed | Nov 25, 2015

Advocacy group mounts court challenge against buggery law

Published:Monday | February 11, 2013

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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