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SC declines to stay HC verdict on homosexuality

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ANI

Posted: Jul 20, 2009 at 1520 hrs IST
Gay rights

New Delhi The Supreme Court on Monday declined to pass an interim order to stay the Delhi High Court verdict legalising gay sex among consenting adults.

The apex Court said it would wait for the government to come out with a definite stand on the issue.

"We are not for stay as there is no threat of any consequences. We will hear the government, what is their stand," a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said.

"Why not wait till government takes a definite stand," the Bench said before posting the matter for September 14.

Attorney General G E Vahanvati said that the government has taken a stand and it will reconsider it again as three ministries are involved.

He said that it was not in favour of the stay of the High Court order.

Vahanvati said that the government has taken a stand in the High Court and the judgement was of limited nature concerning gay sex between consenting adults.

The apex Court refused to make any observation relating to the legitimacy of the gay marriages when a submission was made about it. The counsel opposing the High Court verdict wanted the court to say that such a marriage was not legitimate.

When a reference was made about Section 377 of the IPC, the Bench said, "Cases under Section 377 are registered only with regard to pedophiles. People are being convicted but it has nothing to do with gay marriages."

The apex court had earlier issued notice to the Centre seeking its response on the petition filed by a Delhi astrologer challenging the High Court verdict.

Notices were also issued to Naz Foundation, the NGO, and other respondents who were parties before the High Court.

Astrologer Suresh Kumar Kaushal has sought quashing of the July two High Court judgment legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.

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Values are Important by Ivo Souza on 29 Jul 2009

Some people may be born with a different sexual orientation. But this minority cannot change the nature of things. Male and female are needed for a genuine family. How can we speak of "gay marriages"? This is a contradiction in terms. People should be careful. We cannot dance at the tune of Science. Ethics is basic for the future of India and of the world. Society is already degenerated. It will deteriorate even more. Our children will be the victims. There will be no remedy at a later stage. Sexual orientation should be corrected. Homosexual behaviour cannot be normal and legal. We have to take care of the homosexuals, rehabilitate them. Otherwise, we shall have genetic disorders which will extend themselves even to incest and criminality.What steps are we taking against rape? What security is there in our country? If women cannot be protected against rape, will children be protected from pedophilia and males and females from homosexuals and lesbians? This is a point for reflection!

Some thing should better kept in check by Janmejaya Panda on 21 Jul 2009

India has a rich cultural heritage of showing the restraint and and has shown the world what it can do with the moral values like truth, non violence and acceptance . But the values which are central to Indian society should not be given up for the sake of freedom. There is a logical inclusion for any thing like this matter with the consent of every people inthe society . Our is a very different society which will not allow like these.

together by richard on 21 Jul 2009

Does having it affect anybody? Living without a valued purpose is a crime. Are we punishing anyone who does not do it? Why spend public money on a private matter?

Judgement on gays by kumar on 20 Jul 2009

The High Court observed that a gay sex cannot attract crimi-nal action u/s.377 if it's 'tween consenting adults and nothing more. Why people react wildly to that? Couples haveanal sex,oral sex, or sex just for its sake and not procreate. All these are ignored even forced sex with weddedwife. So to make it a crime for gays are crude and unjust.here nobody is talking of marriage which is recognisedas per law and customs. people can have more wives in some society but not so in others,legally speaking forpleasure or otherwise. Some plants pollinate self and animals do have same sex occassionally. Please do not gooverboard in reactions or jump the gun. There are also somehumans who inherit both male and female genes and are notsure with whom they can mate. These reasons can motivateunusual sexual tendencies-so don't get aroused with passionand react with balance please.

Indian SC's refusal for pasing interim order by peeral chandio on 20 Jul 2009

Whether refusal by Indian SC for not passing interim order is right or wrong for those in favour and in opposition, we, in this part of the world see this whole phenomenon as "aping west" in toto and are still amazed that having section 377 (Unnatural offences) in hand, which is also applicable in pakistan penal code with same section, how supports of gay sex are benefited from HC Delhi orders. Have it been totally deleted. Whether indian society has grown to such level that their SC, after keeping their so called aspirations, decide in favour of those persons, who are in minority but in majority, i think. On the other hand SC Pakistan has recently pronounced those orders which reflect opinion of major strata of our society which is not fit in gay sex in india.Moreover, what other orthodox communites i.e. Muslims,sikhs, christians think against this sex has ever been incorporated in the order of Delhi HC. It will deteriorate indian society rather than becoming a role model for west.

Nobody should peep into other's bedroom by shiv on 20 Jul 2009

Nobody should peep into other's bedroom. All variants indulged into by any couple with mutual consent should not come under the purview of any law. This includes a-dultery, pros-titution by either s.ex so long it does not involve blac-kmail or deceit. If any one of the couple complains, both should be taken to task and the matter thoroughly probed. Well all this variants of s.ex are being practised and legalising it will just make a person free from prying eyes.

SC declines stay by kilo on 20 Jul 2009

Conratulations .. fun loving indians both men and women should make maximum use of this opportunity. who knows their lordships may change their mind under pressure from lunatic brigade of extreme right. Keep it up guys.. oh beg your pardon,I mean.. Gays!!

Society and the Norms by rao on 20 Jul 2009

I do not wish to comment on the legality of allowing gay marriages / sex among consenting adults. The question that remains paramount is it being constitutional. If not-allowing gay sex is treated as unconstitutional (for whatevr reason - freedom of what you want to do), then why not legalise sex beteen conenting adults irrespective of the relationship - brother / sister or any other. The fundamental issue is more to do with society. Constituion should look at what the social implications are. Ideally, one would like to have freedom without limit but the social decency / requirements govern such freedom. Just as freedom of speech does not mean abusing others, or freedom of movement does not entail one to go naked through the streets, the same hold for other freedoms. Nobody is prevented to do what he / she wants to do within the constraints of thier homes, but allowing the same in public, requires whether we are prepared to accept the same in society. Hope wiser counsel prevails

Set them free by Namita kaintura on 20 Jul 2009

Hormone disorder is the main reason for the attraction of opposite sex.Gays cant be blamed for their inclination towards same sex.There's a complete biological reason.We should not hurt their sentiments by commenting in such a way.Who the hell we are to judge them because its solely their decision.

Set them Free to insanity by Rahul on 20 Jul 2009

Just imagine Gay couple(parents) educating their(???) children about "SEX". Even insane people are a part of the society

Article 377 by bharti on 20 Jul 2009

Oh my gaad! even the chifjus seems to be hand in..g.. i mean glove with the team of mannu uncle and raul baba.

Usmani by Akhtar Javed Usmani Chhattisgarh on 20 Jul 2009

The debate in society about section 377 I P C has raised is of unique intensity. But off late our judicial system is taking short cuts in cotrovercial issues and super fast disposal of the cases without opinion has left a lot unanswered. While the relation and action with foreign sovereign nation like Australia, has put in scanner; the court could have waited for government response. At least Apex court should have define the Non Vaginal Sex or whether the Animal sex is permitted now as animal can not even legally consent. Oral sex or peeping toms or M M S makers and other nudity perversions like pornography all by consenting adults and actions of Necrofiliac can be done with immunity or not? All such question could have answered but the crucial questions always met with either dialogic justice or avoiding decision till retirement is the ways o judicial activities now. The answer will come but in other way which may cause more pain to social fabrics of society but who cares?

Gay sex shud never rule India by Attt on 20 Jul 2009

Nothing shud be allowed in india like gay mairrages and gay sex , it is unnatural and doesnot support natural lifecycle, can the gays reproduce, if they can reproduce then they are being fair with nature,and if they cant then they have no right to go against nature's power and make relations...tomorrow some freak will cum and say i want to marry my dog..... will this high court give permission for cross human breed .....think on it people think... Gay people shud undergo special treatment in specialise hospitals .

Gay Rights in Vain by Rajesh on 20 Jul 2009

Gay people's fight for gayness is unwanted lust for sex Their downfall and destruction imminent.They should go to the website "fire of hell" if they want to save themselves and others who fall prey to this devils trap. I request these gay to fast or to skip at least one meal for day.Then your fatness or madness which leads to gay will diminish.If you care for your soul, please do some social work by taking care of sick people or leprosy or old people, you will be blessed, else you go to eternal fire where sulphur and fire keep on burning.Then the devil will laugh at you, how easily he trapped you to suffer in the hell.There will be dirty smell and horrible burning, you can never escape. Let there be special prayers for these gay who are the children of AIDS.These are as good as prostitutes or rotten people.May God show these people true path and save their soul from eternal fire.

Which side are you Vickey by Ken Abraham on 20 Jul 2009

Vickey, what is your point really? Or are you as undetermined as the rest of them? But surely, by now you must know your own inclinations or are you lost there, too? What do you want to say is not clear, I churned my brain a lot then tried with my tummy, nothing still. Are you AC or DC or both? You sound like Sharad Pawar, the politician, lot of bubbles full of foul air only.

Gay rights by august on 20 Jul 2009

Judiciary is a joke.India is not a cohort of 'Gay concenting adults' only. There are Men,Women,and Children that constitute the diaspora of Indian population.Past judgments and proceedings in courts have dealt with these constituents of the society and there fore any court court today must adhere to those principles in the past. It is for the Houses of the Parliament to set new rule if needed. Any usurption of power by the courts is itself unconstitutional.

Gay Sex?! by KVSKumar on 20 Jul 2009

If the Govt. takes the stand that Gay sex is allowable and is for the good of the society and nation, then it should take immediate stpes to include in the sex-education curriculam chapters explaining how to engage in safe gay-sex. Let the gen-next be well informed before they opt for either.

Time has come ! by chanakya on 20 Jul 2009

Time has come for our judiciary to define new set of ethics, values and morals. If the highest court of the country doesn't find any thing wrong in the unnatural ways of living, then it must be said that we are following our consciousness rather than the spirit in which the laws are written.The conflict between new inlfuences on the society, calls for extensive debate and the society approval must be sought before delivering land mark judgements.What is involved is not a criminal offence but a new meaning for society. Before we find every altenate house with this permitted disorders, it is time for intellectuals of all walks to debate this development .

Be happy! by ricardo on 20 Jul 2009

these laws were written by the british not Indians. Go to khajuraho - read and learn a bit about our culture before you express your opinion!

supreme court order by vickey on 20 Jul 2009

It is good to know that we have sane voices , who are above religion and are able to take India into developed economy. Now atleast NGO's would be able to treat all without the wrath of law.Gays are born like straights are born and they dicovers the sex as they grow from child hood to man/woman hood.It is similar to be born as right or left hand person.Now for Baba Ramdev....he is not baba kam dev ...and he hardly understands the bliss of sex.It is like all married straights saying that all non-married should get punishment and be behind bars.He only knows how to churn his stomach and not his brains.If we can rise above this debate , then we need to look after the plight of prostitutes , who work for their families , but their earnings are taken away by cops and middlemen. Apart from getting affected by desieses.Now for religion ...as Indians have a right to choose my religion , so I would choose none , so why ask the religion's self appointed custodians

If Gay Sex is legal; then other wrong things shall become legal. by Hemant Bhosale on 20 Jul 2009

Argument in support of gay sex says-Indian Constitution guerentees freedom to individual as fundamental right. This is subject to-he does not create troubles for others; not disturbing others/society

Gay Marriage by Rahul on 20 Jul 2009

Just imagine Gay couple(parents) educating their(???) children about "SEX".

Many Illegal by Hemant Bhosale on 20 Jul 2009

Argument in support of gay sex says-Indian Constitution guerentees freedom to individual as fundamental right. This is subject to-he does not create troubles for others; not disturbing others/society

Andha Kanoon by Rajesh on 20 Jul 2009

Judges are supposed to safe guards the rights of people but not to judge blindly. The wrath of God will struck them anytime.Gay or Lesbians mad in in sex who have no future and are rubbish following the culture of west.They dont think ethical aspect. Let the Indian Govt. be geneious and show the path to these blind mad people.Let these become aware of the consequences they have to undergo as soon they die. Let the power of God shun these rubbish people.

Justice is Blind by Bhagwad Jal Park on 21 Jul 2009

"... safe guards the rights of people but not to judge blindly" . I suppose you're not aware of the picture of Justice with a cloth over her eyes? Justice is SUPPOSED to be blind and impartial.

Mind your language by Pawan Dhall on 20 Jul 2009

Please stop abusing gay people and do some reading up - homosexuality has always been part of our culture. We are not aping the West. In fact, you are by holding on to a law that the British made. Why don't you meet some gay people and talk to them? If you can stop being judgemental, you will find them as good or bad as so called normal people.

Mind your Language by Umesh on 20 Jul 2009

Pawan Dhall, just watch how many people die everyday Just kiss as many dead people and let one of their spirit enter your body and reveal the truth of life. Dont be mad of Sex, when you die, you will have the last laugh of bitterness that you simply lost real life God gave you, bye.

I will kiss the person I love by Pawan Dhall on 21 Jul 2009

Your suggestions are not even comprehensible! Actually they are laughable . . . anyway, why should I kiss dead people. I will kiss the person I love and trust and want to spend my life with!

Adult Gays by punk on 20 Jul 2009

Let them do whatever they want in their bedrooms. If the kiss in public or do unacceptable things on Chowpatty; pls whack them. But do not give stupid suggestions like God will not forgive etc. In the First place, had God maintained proper levels of harmones in these guys/ gals, they would have been straight people like me and you. If God created Chemical Locha in their genes, then God will forgive them...

Adult Gays by punk on 20 Jul 2009

Let them do whatever they want in their bedrooms. If the kiss in public or do unacceptable things on Chowpatty; pls whack them. But do not give stupid suggestions like God will not forgive etc. In the First place, had God maintained proper levels of harmones in these guys/ gals, they would have been straight people like me and you. If God created Chemical Locha in their genes, then God will forgive them...

Gay ho SC by Deep on 20 Jul 2009

This is a very welcome decision by the Supreme Court. Here is a quote from the landmark HC verdict on Article 377:"The criminalisation of private sexual relationsbetween consenting adults absent any evidence of seriousharm deems the provision's objective both arbitrary andunreasonable. The state interest “must be legitimate andrelevant” for the legislation to be non-arbitrary and must beproportionate towards achieving the state interest."The HC verdict is very unambiguous about it's support for homosexual rights in India. I have no doubt that the Supreme Court will uphold the HC verdict in it's full glory right till the end.

Many Illegal by Hemant Bhosale on 20 Jul 2009

Argument in support of gay sex says-Indian Constitution guerentees freedom to individual as fundamental right. This is subject to-he does not create troubles for others; not disturbing others/society

Jai ho by Indian on 20 Jul 2009

Jai ho bought out judiciary kiJai ho gay media families kiJai ho gay India first family ki

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