SC Rules that Homosexuality Is Illegal Wednesday Dec 11,2013

The Supreme Court of India on Wednesday Dec 11,2013 held that homosexuality or "unnatural" sex between two consenting adults under Section 377 Indian Penal Code would be an offence and this provision did not suffer from any constitutional infirmity

A Bench of Justices G.S. Singhvi and S.J. Mukhopadaya in its judgment allowed a batch of appeals challenging the Delhi High Court judgment decriminalising Section 377 of IPC between two consenting adults

The SC had reserved verdict on March 27, 2012 after marathon arguments since February 15, 2012 from counsel for the appellants, the Attorney General G. E. Vahanvati and others arguing for and against the judgment 

The SC Bench while setting aside the Delhi High Court judgment, however said it would be open to the government to accept the recommendations of the Attorney General G.E. Vahanvati either to delete Section 377 IPC from the statute book or bring in appropriate amendments

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The Delhi High Court on Thursday July 02,2009 struck down the provision of Section 377 of the Indian Penal Code which criminalised consensual sexual acts of adults in private, holding that it violated the fundamental right of life and liberty and the right to equality as guaranteed in the Constitution.

A Division Bench of Justice A.P. Shah and Justice S. Muralidhar in its 105-page order said: “We declare that Section 377 of the IPC, insofar as it criminalises consensual sexual acts of adults in private, is violative of Articles 21 [Right to Protection of Life and Personal Liberty], 14 [Right to Equality before Law] and 15 [Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth] of the Constitution.

“We hold that sexual orientation is a ground analogous to sex, and that discrimination on sexual orientation is not permitted under Article 15,” the judgment said.

Parents of gays, lesbians, bi-sexuals and transgenders told the court that the Delhi High Court judgment decriminalising IPC Section 377 between two consenting adults should not be interfered with.It was argued on their behalf that Section 377 created a sense of fear among them which 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 (AIMPLB) and Apostolic Churches Alliance (ACA) had strongly opposed the Delhi High Court judgment

Disapproving of gay sex as highly “immoral” and “against social order”, the Union Home Ministry on Thursday Feb 23,2012 strongly opposed its decriminalisation before the Supreme Court.

Additional Solicitor-General (ASG) P.P. Malhotra, appearing for the Ministry, argued that the Indian society is different from other countries and it cannot imitate the practices prevailing in foreign countries.

“Gay sex is highly immoral and against social order and there is high chance of spreading of diseases through such acts,” ASG Malhotra contended before a Bench of Justices G.S Singhvi and S.J. Mukhopadhaya.

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