Petition Challenges Indian Gay Sex Ruling

Assam · July 9, 2009

New Delhi – Indian Supreme Court on Thursday issued notices to the union government, the Delhi government and the NGO Naz Foundation seeking their stands on a petition filed by an astrologer challenging the Delhi High Court’s verdict that lifted a 150-year ban on gay sex. The petition filed by Suresh Kumar Kaushal has sought quashing of the Delhi High Court verdict, arguing that if gay sex is legalized, “tomorrow people might seek permission for having sex with animals.”

A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam issued notices and sought replies of the various parties by July 20, the next of hearing of the matter.

Challenging the high court verdict, Kaushal contended before the bench that the high court had delivered a ‘perverse ruling’ that would threaten the natural balance of society.

Last week, giving its landmark judgement, the Delhi High Court had said that Section 377 of the Indian Penal Code should be amended and any sex between consenting adults should be legalized. Section 377 is a law from the British Raj era and it says homosexuality and ‘unnatural sex’ is a criminal act.

In the same time, Indian religious leaders on Thursday urged the government to take their views into consideration before taking any decision on the court judgement de-criminalising gay sex.

“We urge the union and Delhi governments to keep in mind the views of various religious committees while taking a stand on the judgement of the Delhi High Court,” Jain religious leader Acharya Lokesh Muniji told reporters at a press conference of religious leaders in New Delhi.

“As a representative of a religious body, one of my greatest fears is that this judgement may act like a first step towards legalizing homosexual marriages in India. This would be completely unacceptable by us,” he said.

In the press conference the president of Jamaat-e-Islaami Hind, Maulana Syed Jalaluddin Umari, was also present. The Maulana said that according to Islam homosexuality is a crime. “Such behavior is against the moral values of our nation that is based on cultural and ethical traditions. The government should take our views seriously.”

Father Dominic Emmanuel, the founder of Sarvadharma Sadbhav (Communal Harmony and Peace), said: “We have no objection or opposition to de-criminalisation of homosexuality because we never considered them (homosexuals) as criminals. However, we are also clear that we are against legalizing it… because what they do is unnatural and against the design and will of god.”

Agreeing with him was Sardar Tarsem Singh of the Delhi Sikh Gurdwara Prabandhak Committee. “Sikh religion doesn’t view homosexuals as criminals but we don’t encourage it”, he added.

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Category: News | Tags: Gay, India, New Delhi, News, Supreme Court