SC notice to Centre on gay sex issue

New Delhi, July 9 (PTI) The Delhi High Court verdict
decriminalising gay sex among consenting adults was challenged
Thursday by a Delhi astrologer in the Supreme Court of India
which issued notice to the Centre but refrained from giving
any interim stay order.

Any interim order against the High Court verdict, if
necessary, will be considered only after hearing the parties
concerned, a Bench headed by Chief Justice K G Balakrishnan
said while posting the matter for hearing on July 20.

Notices were also issued to Naz Foundation, the NGO and
other respondents who were parties before the High Court.

In his petition, Suresh Kumar Kaushal sought quashing of
the July two High Court judgement legalising gay sex between
consenting adults in private, which was earlier a criminal
offence punishable with upto life imprisonment.

"If such abnormality is permitted, then tomorrow people
might seek permission for having sex with animals," he argued.

Since the High Court verdict, there have been seven gay
marriages raising several questions that could impact on the
very institution of marriage, he said contending "we have to
look at our own scriptures to seek guidance from and they are
against such behaviour in our society".

India's Law Minister Veerappa Moily when contacted about
how the Government was proceeding on the issue, told reporters
the three-member ministerial group tasked with looking at all
aspects of the verdict has not yet prepared its report. "We
are going to give it either orally or in a written form. We
have not taken a decision," he said.

On the contention of the petitioner's counsel that the
sanctity of the institution of marriage will be redefined in
the wake of the verdict, the Bench observed, "We have not
changed the definition of marriage."

During the brief hearing, the petitioner spoke about
the adverse impact of the judgement on the society.

The Bench noted that though the law has been in force
since 1860, there have been only a handful cases under the
penal provision excluding paedophile cases.

For "gay sex, to my knowledge, no body has been
prosecuted," the Bench, also comprising Justice P Sathasivam,
observed.

The petitioner 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.

The High Court verdict, widely welcomed by gay
activists, sparked off a controversy with several political
leaders asking the Government to appeal against it in the
Supreme Court. PTI RKS