The Ghanaian Supreme Court has reaffirmed a 60-year-old law that criminalizes same-sex relations. This is even as the country awaits a pending court decision on a proposed bill that seeks to impose even stricter penalties.
The Ghanaian Criminal Code of 1960 outlaws same-sex sexual acts. Describing them as ‘unnatural carnal knowledge,’ with offenders facing up to three years in prison, Reuters reports.
According to the report, if the Human Sexual Rights and Family Values Bill, passed in February, comes into effect, sentences will be extended. It also maintained that the Government plans to intensify its crackdown on individuals accused of promoting LGBTQ+ rights or identities.
Recall that in 2021, a law lecturer, Prince Obiri-Korang petitioned Ghana’s Supreme Court to strike down provisions of the 1960 code that criminalize same-sex relations. He had argued that they violate the right to privacy enshrined in the Constitution.
Obiri-Korang contended that Section 104(1)(b) of Act 29 breaches privacy, non-discrimination, and personal liberties. He stated that the provision is inconsistent with Articles 18(2), 17(2), and 14(1) of Ghana’s 1992 Constitution.
The Law lecturer, therefore, sought to persuade the court to follow the precedent set by constitutional courts in India and the Caribbean. And in other jurisdictions that have deemed similar laws on unnatural sexual intercourse unconstitutional.
“Although the court postponed ruling on the transmission of a related bill to President Nana Akufo-Addo, pending a determination of its constitutionality, the seven-member panel ultimately dismissed Obiri-Korang’s lawsuit.
“Presiding Justice Paul Baffoe-Bonnie indicated that the reasons for the decision would be provided at a later date,” Reuters stated.
source: Reuters
Follow us for more news on our WhatsApp News Channels @
https://whatsapp.com/channel/0029VaC505jB4hdZ5Yx9g82U
