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Baba Ramdev set to challenge HC verdict legalising gay sex

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Agencies

Posted: Jul 07, 2009 at 1940 hrs IST
Baba ramdev

New Delhi Yoga guru Baba Ramdev will be approaching the Supreme Court on Wednesday challenging the Delhi High Court judgement legalising gay sex among the consenting adults.

The petition is likely to be filed tomorrow, lawyers associated with Ramdev said. Lawyers Suresh Sharma and Gandharva Makker said the petition assailing the High Court verdict was to be filed on Tuesday but was delayed due to "unavoidable circumstances".

They said the yoga guru has challenged the July 2 judgement contending that homosexual activities are not only against public morality, public health and healthy environment but also against the interest of the society.

"...homosexual activities which are otherwise unnatural there is high risk of exposure of a large chunk of population to dangerous sexually transmitted disease including HIV/AIDS," the petition, likely to be filed, said.

"The decision of the High Court, if allowed to sustain will have catastrophic effects on the moral fabric of society and will jeopardise the institution of marriage itself. This offends the structure of Indian value system, Indian culture and traditions, as derived from religious scriptures," it said.

Ramdev, quoting Spanish psychiatrist Enrique Rojas, contended that homosexuality is a disease that is curable.

"It can be treated like any other congenital defect. Such tendencies can be treated by yoga, pranayam and other meditation techniques," he said in the petition.

The High Court, in a landmark verdict, legalised gay sex among consenting adults, which was earlier an offence under Section 377 of Indian Penal Code with punishment up to life imprisonment.

The verdict had retained the penal provision for non consenting gay and homosexual acts involving minors. Ramdev, in his petition, contended that legislative mandate under section 377 of IPC did not infringe the right to privacy of persons indulging in homosexual activities as held by the High Court.

He maintained that section 377 is not violative of right to dignity of an individual and reduction in purview in the penal provision would aid in promoting homosexual activities which are primarily responsible for spread of HIV.

Ramdev said in the petition that the High Court has erred by adjudicating Section 377 to be violative of fundamental rights

"The High Court has erred in its ruling by interpreting the terminology sex as sexual orientation. In fact, the term sex referred under Article 15 is in relation to the male or the female sex. It can't be interpreted in context to the sexual orientation of a person," the petition said.

He alleged the verdict would promote homosexual activities which would adversely affect population growth in the country.

"Homosexual relationships, if encouraged, would bring population growth of a country to a halt and may deprive this country of its greatest asset of human resources," he said.

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Boo boo Ramdev against GLBT by Raj on 08 Jul 2009

Seems like someone needs some advertisement!

Can we discuss without abusing? by Amit on 08 Jul 2009

The problem with everyone on is that there is no logical thought process. This is not the first time any1 has opposed such a verdict and certainly not the first place. We all have certain beliefs, that does not make others beliefs wrong. 2 people have posted before I wrote this comment and both were accusative not compelling. We can all agree to disagree, but at the end of all this, we have to co-exist. I support the verdict because it applies to rights... if it were legalising gay marriages, then I think I have a problem. I could be wrong and my opinion may change, but at least at the moment, I am against it. But please, stop yapping. Just because you can comment, speak, express doesn't mean you have to abuse the right.

start the drumroll.. by vishal on 07 Jul 2009

As expected ...the self proclaimed guardians of public morality are beginning to crawl out of the woodwork....just wait till RSS/VHP/ BAJRANGIS take up the call ...things will get really interesting after that ...

u cant stop progress by Evita on 07 Jul 2009

"offends the structure of Indian value system, Indian culture and traditions, as derived from religious scriptures,"???? the role of the government and law and order in the country is to protect the right and dignity o the individual an not to uphold or protect a faith. Religious institutions serve tht purpose. The verdict forced us to deal with realities that narrow perspectives chose to look away from, it has forced an entire nation to deal with the fact that a liberal society is what we are n shud b moving towards. this change is too strong to b stopped, but i hope 'babaji's' attention grabbing tactics doesnt dent the pace.

Mind your own business by Rajat on 07 Jul 2009

These so called rakshaks of religion should shut their mouths and should go back in caves. Who the hell they think they are? Are they above the constitution and the law of the land? And if they say that religion will not allow...I will say that religion is a personal choice of an individual and he can interpret it in whatever way he wants. I am religiously an Atheist and all these logics that people give are really irrational. LGBT community has the equal right as the rest of the citizens and they should not be discriminated. After all we should respect the culture of tolerance and coexistance with the people who are different from the majority.

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