Supreme Court rules that using dildos and vibrators unlawful
The Supreme Court has recently upheld the constitutionality of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29), which criminalizes sexual intercourse in an unnatural manner, including the use of sex toys. This decision came after a seven-member panel dismissed a suit challenging the section’s constitutionality.
The case, initiated by Dr. Prince Obiri-Korang, a law lecturer at the University of Ghana, argued that the section violated multiple articles of the 1992 Constitution. Dr. Obiri-Korang claimed that Section 104 (1) (b) infringed on individuals’ rights to liberty, privacy, and non-discrimination, especially affecting consenting adults who engage in such acts in private.
Despite these arguments, the court, led by Justice Paul Baffoe-Bonnie, found no merit in the suit and dismissed it. The court emphasized that the law does not breach constitutional rights, maintaining the stance that both heterosexual and homosexual acts of unnatural carnal knowledge are unlawful under the current legislation.
The court’s detailed reasoning behind its decision is expected to be deposited at the Court’s Registry within ten days. The ruling continues to support the provisions of Section 104, which also addresses unnatural carnal knowledge with minors and animals, prescribing severe penalties for these offenses.
Dr. Obiri-Korang’s attempt to distinguish between public and private morality and to protect individual privacy was rejected, reinforcing the government’s position that such laws are necessary to uphold societal moral standards. The Attorney General, Godfred Yeboah Dame, defended the law’s constitutionality, stating it does not authorize invasions of privacy or discrimination.
This ruling highlights ongoing debates about privacy, morality, and individual rights within the legal framework of Ghana. As the full details of the court’s reasoning are awaited, the decision stands as a significant affirmation of existing laws governing sexual conduct in the country.
**Source: Supreme Court rules that using dildos and vibrators unlawful.pdf**
