Despite the Delhi HC ruling decriminalising gay sex, the J&K government has ruled out amending its criminal law which even awards life imprisonment for sex among people of the same gender in the state. As J&K holds special status under Article 370 of the Constitution, all Central laws don’t apply to it directly unless they are ratified by the state Assembly.

“There is no question of extending legalisation of gay sex to J&K. If such a law is made by Parliament we will strictly oppose it. We won’t allow any law by the Centre to legalise gay sex in our state and we have no plans to amend the existing law,” state Law Minister Abdul Rahim Rather said.

In J&K, homosexuality is covered by Section 377 of the Renbir Penal Code (RPC). Gay sex is treated as sodomy and is a non-bailable offence. The accused can be fined and given imprisonment up to life.

“A Bill would have to be brought in the Assembly to amend the RPC to make gay sex legal,” said former advocate general Aslam Goni. Given the fact that many Muslim organisations have opposed the judgment making homosexuality legal, the Muslim-majority J&K is hardly likely to take such a step.

However, police sources say the state records very few cases of sodomy on an average.