Law that criminalizes anal sex is constitutional – Supreme Court
A seven-member panel of the Supreme Court chaired by Justice Paul Baffoe-Bonnie has declared as constitutional the law which prohibits unnatural carnal knowledge such as anal sex.
The panel unanimously dismissed a writ challenging the constitutionality of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).
The Plaintiff, Dr. Obiri-Korang, a law lecturer sued the Attorney General and was amongst other things seeking a pronouncement on section 104(1)(b) of the Criminal and Offences Act 1960 (Act29) as constitutional or otherwise.
Justice Baffoe-Bonnie’s panel also includes Justice Omoro Amadu Tanko, Justice Ernest Gaewu, Justice Adjei-Frimpong Justice Avril Lovelace-Johnson, Justice Emmanuel Yonny Kulendi, and Justice Yaw Darko Asare has deferred their reasoning to a later date.
It is the case of the Plaintiff that, it is unconstitutionality of section 104(1)(b) of Act 29 is grounded on the breaches of the said section to rights of privacy, non-discrimination, and liberties of a person.
He also contended that, section 104(1)(b) of Act 29 sins against Articles 18(2), 17(2) and 14(1) of the 1992 Constitution of the Republic of Ghana.
The section of Act 29 complained about reads;
104. Unnatural carnal knowledge
(1) A person who has unnatural carnal knowledge.
(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanor.
The Plaintiff seeks to cause the apex Court to tow the line of Constitutional Courts in India, some parts of the Caribbean and other States with similar laws on unnatural sexual intercourse which have been pronounced on as unconstitutional.
