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SC notice to Centre on Delhi HC verdict on gay sex

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ANI

Posted: Jul 09, 2009 at 1237 hrs IST
Gay rights

New Delhi The Supreme Court on Thursday issued notice to the Centre on a petition challenging the Delhi High Court judgement legalising gay sex among the consenting adults.

The apex court posted the matter for hearing on July 20. The Bench headed by Chief Justice K G Balakrishnan said that any interim order against the High Court verdict, if necessary, will be considered only after hearing the parties concerned.

Notices were also issued to Naz Foundation, the NGO and other respondents who were parties before the High Court. The court was hearing the appeal filed by Suresh Kumar Kaushal, an astrologer, against the July 2 verdict of the High Court.

While mentioning the petition, the counsel, appearing for the astrologer, said that since the High Court verdict, there have been seven cases of gay marriages, and raised several questions, which, he claimed, were likely to affect the institution of marriage.

However, the Bench said, "We have not changed the definition of marriage." During the brief hearing, when the counsel was pointing to what he claimed was the adverse impact of the judgement decriminalising gay sex among the consenting adults, the Bench said the police had not been registering cases in such matters. It 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. For "gay sex, to my knowledge, no body has been prosecuted," the Bench, also comprising Justice P Sathasivam, said.

The petition filed by Kaushal sought quashing of July 2 verdict of the High Court legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with upto life imprisonment. The petition contended that homosexual acts, by all standards, were "unnatural" and could not be permitted. "No one can imagine the consequences of the unnatural acts. Even animals don't indulge in such activities," he said in his petition.

He said the High Court 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," he argued.

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Leave it on government by Sunam Pal on 09 Jul 2009

Genetic abnormality is niether under human control nor can be simplified such easily.Its time to think wide and watch out that how government act toward it and handles the situation.

Tug of War by Ugly Meru on 09 Jul 2009

Decision in favour of gay comuunity is just like, an innocent is hanged to death without having legal proof of his innocency,After his death, court says" Sorry,the culprit was someone else !" This decision is the death of Indian culture. Will the court now legalise extra martial relationships too?

beautiful media by Indian on 09 Jul 2009

What a beautiful issue for the media to divert attention from the Nation's pressing problems. No hard work just print news without ever venturing out in the country.No wonder we are a third world country.

Justice against Nature by Hargian Singh on 09 Jul 2009

If this judgement is based on few lcks of people then why not court agreed to militants. They are more in number then gays papulation. There are many other communities are struggling for their righties. Why HC

Indian society that will diminish... by Pandu on 09 Jul 2009

Legalising one matter to please a few thousand people is surely against the morally abiding Indian Populace. We let this happen once and this community will ask for more rights like Child Adoption. Ungli do to Haat lelenge. We better stay away from this dimakh. The HC Judges certainly won't like Gays to be their neighbours, what happens if his/her child gets into the act. Be Moral and Be Safe. The MEDIA is gone crazy following this and gives more importance to this unethical storm it has created rather than highlighting genuine problems that our common man faces. MEDIA IS HAND IN GLOVE WITH EVENTS THAT MAKE THEM MONEY.

Gay Sex, Supreme Court by Upendra on 09 Jul 2009

The judges must be taught Bhagvad Gita which is always kept in the court.

Oh India! by Anand on 09 Jul 2009

All this only proves again India is still very much a primitive country with outdated laws and rules and people! The Gays including many other similar groups must give up on this country ever coming to 21 Century.

Amit purohit.. learn to think straight by Krupa on 09 Jul 2009

Amit Purohit..This is a Supreme court verdict that was initiated by a PIL. Congress, or for that matter any political party, is not even remotely associated with it. Please learn to think straight.. And please stop skewing everything to fit into your riot running imagination..

These gays should not impose themseleves on society by Kalidas M on 09 Jul 2009

Again this is getting an unwanted twist, don't know if it is intentional. The general public stand on this is quite clear. You want to practise gayism - weird as it is, well, no one is going to stop you, we have our lives to look after. But you are not going to insist that we should come out and clap in appreciation looking at the ugly scenario you create. Going a step further, I would advise, it would be better if you do not raise the curtain while at it. And most importantly, if you involve or cause any disturbance in the lives of young (easily influencable) boys

Mr., Ms, Mrs. Middlesex and now Gay? by KVSKumar on 09 Jul 2009

If Gays have the right to live their life as they wish it then why not others, viz. drug addicts, drunkards, eve teasers, etc.? Why then criminalise suicide? If scientifically explored, a gene can be found and some connection can be made to justify as to why these people what they are, why they do whatever they wish to do. Let everybody live their lives in such a way that the civilised society can benefits from it and that other in society can imbibe it. Otherwise migrate to jungles and deep forests and live the life there as you wish and don't bother to trouble the civilised society.

Against by Ravi on 09 Jul 2009

gsimson , how can anything be private which effects the society. Some day some one will want to roam naked around on the street and in front of us or girls, so this should also fall under his/her private affairs, are we going to do that. We will kick him/her and might have to cut his/her throat in that case.

Idiot gaysex law by kamal lochan padhi on 09 Jul 2009

This gay law should be prohibated and anybody found guilty should be punished severely .This is totally ninsense and has no meaning .I think the delhi highcourt's Justice is a gay .we human are inferior than animal . animal never do such acts .Yes , Being gay is not a fault, but homosexually contact with other openly is a svere crime.

May be.... by Amit Purohit on 09 Jul 2009

The manner in which this government is handling this issue right from few days before the judgement and post judgment, it stinks like they want to cover up the issue and in congress culture it is only possible when you are direccted by their family in chief.It may be their practices are about to be surfaced by sting operation and they want it to be legalised.

Mr by gsimson on 09 Jul 2009

No one should interfere in the private lives of individuals. Law should come into picture only when one of the parties submit to redress any grievance.

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