The Supreme Court on Tuesday reserved verdict on a batch of appeals challenging the Delhi High Court judgment decriminalising sex between two consenting adults (Section 377 of the Indian Penal Code).
A Bench of Justices G.S. Singhvi and S.J. Mukhopadhaya heard marathon arguments from February 15 from counsel for the appellants, Attorney-General G. E. Vahanvati and others arguing for and against the judgment.
After an initial flip-flop by the Centre in opposing the judgment and changing its stand later, the Attorney General said it decided not to file any appeal against the verdict. He said Section 377 of the IPC “insofar as it criminalises consensual sexual acts of adults in private [before it was struck down by the High Court] was imposed upon Indian society due to the moral views of the British rulers.”
Parents of gays, lesbians, bisexuals and transgenders told the court that the High Court judgment should not be interfered with. It was argued on their behalf that Section 377 of the IPC created a sense of fear among them and it was against their right to life and liberty guaranteed under the Constitution.
The Delhi Commission for Protection of Child Rights, the All-India Muslim Personal Law Board and the Apostolic Churches Alliance strongly opposed the judgment.
Keywords: Homosexuality, gay sex, decriminalisation, Section 377
I don't understand by what standards people measure what is moral and
what is not. So, gay sex is immoral. What about drinking and smoking?
What do these self-appointed custodians of Indian culture think about
these? Are they moral? Certainly none of our Gods/leaders advocated
smoking and drinking. Why not close all the cigarette and wine
factories then and put all the smokers and drinkers behind bar.
This whole debate of what is moral and what is not should be left to
individuals. As long as we don't do anything that harms anyone else,
why does it matter?
Is there democracy in India or autocracy? How could one sect condemn the other? The more the pressure is put on, the dirty would be the outcome. Decriminalizing gay sex would create more awareness within the LGBT community and this would help in canvassing to adopt safe sex procedures. What happens between two grown adults is a private issue between them. Neither A nor B have authorities to decide/prohibit/influence their thoughts on them. Hope the supreme court would consider all these factors before giving the final verdict.
The Indian religious sector wants to criminalize gay sex? Have they already solved child trafficking, women abuse, dowry issues, negligence/disinterest issues shown by bridegroom/bridegroom's family when the bride has dark complexion (saying the fact, Indians need only brides who have lighter skin - is this not a sort of racism by Indians towards Indians)? Gay rights should be accepted. The way and the manner the heterosexual readers attack gays without any reciprocation from the latter shows that, gays are probably more human than heterosexuals, they respect the sexual orientation of others and are more decent, peaceful and calm in society. Supreme courts verdict should be a positive outcome to the LGBT community.
What the Indian society really needs is sex awareness especially in shady areas of big cities where the slums thrive and villages, and of course having the message of unprotected sex in the form of advertisements in televisions. The actors who act could also convey the message of unprotected sex. This would reach the mass faster. Introduce sex education as a part of school curriculum. This would tell the harmful outcome of unprotected sex. Full stop ! In stead, one should not raise the issue to criminalize gay sex. This is stupidity. They are walking talking humans with broad thinking and thoughts. It is not a disease. Scientifically it is an in born property and not a borrowed act by seeing others getting involved in same sex activities. In the era of technological revolution, I wonder why such pathetic people with knowledge disability exist. This is the time to fight for gay rights and supreme court should decriminalize gay sex and give them freedom and independence.
Please Email the Editor