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SC notice to Centre on Delhi HC verdict on gay sex
Press Trust of India, Thursday July 9, 2009, 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 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, would 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 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 the 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 the 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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Comments
Posted by Robin on Jul 10, 2009
A lot is being said about Indian culture here. I am an Indian, born and brought up in a conservative family. My parents taught me all that an indian family teaches its child. And i am gay.So does that mean that the Indian culture or what my parents taught me was not good enough to prevent this from happening. The truth is that no one could have prevented this from happening. No one can do anything to change it. Because this is my identity. Being a homosexual has nothing to do with indian culture. This is something inherent and cannot change overnight.If my existence, my identity is considered criminal...so be it...I would rather be a criminal than lose my identity! All I am asking for is my right to live my life with dignity. The society has laughed at me all my life. But i have taken all that in my stride and I am living a respectful life, taking pride in my identity. Law or no law i would keep my head high and be proud of my existence. This is something that no one can take away from me!
Posted by ALI-Hyd on Jul 09, 2009
Gay sex is anti-nature, anti-social, immoral, un-healthy (mentally & physically). It promotes dangerous diseases like AIDS etc. Judiciary or any powers that be should not thrust homo-sexuality on 99.99% of population, by making it legal. Let Honarable Judiciary concentrate & take action on more pressing issues like poverty eradication, corruption, poor education etc
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