New Delhi: In a big setback to lesbian, gay, bisexual and transgenders, the Supreme Court on Wednesday set aside the judgement of Delhi High Court decriminalising gay sex among consenting adults in private.
A bench of justice GS Singhvi and justice SJ Mukhopadhaya delivered the verdict on a bunch of petitions filed by various social and religious organisations challenging the high court verdict on the ground that gay sex is against the cultural and religious values of the country.
Also Read: Legal proceedings over homosexuality – A chronology
While delivering its verdict, the apex court, however, said it is for legislature to look into desirability of deleting section 377 of Indian Penal Code, but till the time this penal provision is there, the court cannot legalise this kind of sexual relationship.
With the apex court verdict, the operation of penal provision against gay sex has come into force.
Also Read: Gay activists disappointed with SC verdict on homosexualityMeanwhile, unhappy with the apex court verdict, NGO Naz foundation said it will seek review of the SC order verdict on homosexuality. "We are disappointed with the judgement. We think the judgement is not correct in law. We will take appropriate legal recourse," senior advocate Anand Grover, who argued the case for the NGO Naz Foundation, said.
Noted writer Chetan Bhagat reacted strongly to the order and tweeted:
Commenting on the SC order, Additional Solicitor General of Indira Jaising said that historical opportunity to expand constitutional values has been lost adding. The first woman ASG of the country was also critical of the apex court saying that it is surprising that the court which does judicial review on many issues has put the ball in the court of Parliament to decide on homosexuality.
Deepti Sharma, voice-raiser LGBT community said the SC order is heart-breaking and will use all legal options available.
All India Muslim Personal Law Board member Zafaryab Jilani welcomed the apex court verdict.
"The Supreme Court has given this verdict to maintain the culture of this country. I don't know the exact text of the judgement though," said Jilani.
The bench had reserved its order in March last year after granting day-to-day hearing of the case from February 15, 2012.
While hearing the appeal, the apex court had pulled up the Centre for its "casual" approach on decriminalisation of homosexuality and also expressed concern over Parliament not discussing such important issues and blaming the judiciary instead for its "overreach".
While pleading for decriminalisation of gay sex, the Centre had told the court that the anti-gay law in the country had resulted from British colonialism and the Indian society was much more tolerant towards homosexuality.
The high court had on July 2, 2009, decriminalised gay sex as provided in section 377 of the Indian Penal Code (IPC) and ruled that sex between two consenting adults in private would not be an offence.
Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence, entailing punishment up to life term.
Senior BJP leader BP Singhal, who died in October last year, had challenged the high court verdict in the Supreme Court, saying such acts are illegal, immoral and against the ethos of Indian culture.
Religious organisations such as the All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance too had challenged the judgment.
First Published: Wednesday, December 11, 2013, 06:43
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