Sun | Mar 29, 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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