SC summons Centre on Delhi HC's gay sex verdict

The Supreme Court issued notice to Central government and Naz Foundation on a petition challenging the Delhi High Court's judgement decriminalising gay sex

CJ: Md Mudassir Alam

Thu, Jul 09, 2009 14:39:25 IST

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Gay Rights :

IN A brief hearing on a petition challenging the Delhi High Court's July 2 verdict on Section 377, on Thursday (July 9, 2009) the Supreme Court issued notice to the Central government and NGO Naz Foundation. The Apex Court has sought the reply of the Centre and the NGO by July 20, 2009.

The petition filed by Kaushal sought quashing of Delhi High Court's verdict legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with upto life imprisonment. Further the petition contended that homosexual acts, by all standards, were ‘unnatural’ and could not be permitted.

SK Kaushal in his petition said, “No one can imagine the consequences of the unnatural acts. Even animals don't indulge in such activities.” He said the high court's judgement would result in spread of HIV virus as "it has been amply proven" that the infection was contracted through such sexual acts.

“We have to look at our own scriptures to seek guidance from them and they are against such behaviour in our society. If such abnormality is permitted, then tomorrow people might seek permission for having sex with animals,” argued SK Kaushal.

While hearing a petition filed by astrologer SK Kaushal challenging Delhi High Court judgement of decimalising gay sex, the SC Bench said that after the High Court’s verdict, there have been seven cases of gay marriages and raised several questions, which, the petitioner has claimed, were likely to affect the institution of marriage.

The SC Bench said though the law has been in force since 1860, there have been only a handful cases under the penal provision except those of paedophile cases. The Bench, also comprising Justice P Sathasivam, said, for “gay sex, to my knowledge, no body has been prosecuted.”

However, the SC Bench said, “We have not changed the definition of marriage.” Meanwhile, the bench clarified that marriage laws had not changed and it refused to stay gay marriages. Any interim order for staying gay marriages or their registration would be considered after hearing the Centre and other parties concerned."

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