SC wants rethink on homosexuality

Rejecting a Delhi High Court order that homosexuality and gay relationships constituted an ‘‘unnatural offence’’ and tha...

Rejecting a Delhi High Court order that homosexuality and gay relationships constituted an ‘‘unnatural offence’’ and that Indian society was not ready for it, the Supreme Court today sent the matter back to the court for reconsideration.

The bench comprising Chief Justice of India Y K Sabharwal, Justices CK Thakker and R V Raveendran, said the matter should be examined and not dismissed, as had been done by the High Court last year.

The apex court’s response came following a PIL by Naz Foundation, which contended that penal action under Article 377 comes in the way of its anti-AIDS campaigns.

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The Delhi High Court had rejected the petition, and the stand was supported by the Centre. The Delhi High Court’s reasoning in rejecting the petition was that no cause has been made out and that Indian society was not yet ready for such relationships.

The provision under debate, Article 377, stipulates: ‘‘Whoever voluntarily has carnal intercourse against the order of the nature with any man, woman or animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine…’’

Senior counsel for the petitioner Indira Jaisingh told the apex court that the matter should be expeditiously heard and disposed of as it has been pending for ‘‘a few years now’’. The bench gave permission to make an urgent application before the Delhi High Court for speedy disposal of the case.

Several countries have already recognised gay-lesbian relationships. Recently a Florida amendment giving gays a separate status under law was overturned by the US Supreme Court on the ground that gays enjoyed all equal civil rights and there need not be any “special rights”.

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