New Delhi: Homosexuality should be seen in
the context of changing society as many things which were
earlier unacceptable have become acceptable with passage of
time, the Supreme Court observed on Thursday.
A bench of justices GS Singhvi and SJ Mukhopadhaya,
which is hearing a bunch of appeals filed against
decriminalization of gay sex, said that these things should be
seen in the light of changing times where phenomena of live-in
relationship, single parents and artificial fertilization have
"Recent phenomena of live-in relationship, single
parents, surrogacy. There is a case where a man is unmarried
but wants to be a father and engage a surrogate mother.
Thirty-forty years ago it was against the order of nature but
now artificial fertilization is a thriving business," the
It also pointed out that many things, which were
considered immoral twenty years back, have become acceptable
to society now.
"The society is changing," the bench said adding that gay
sex was not an offence prior to 1860 and referred to paintings
and sculptures of Khajuraho.
Senior Advocate Amrendra Sharan, who is opposing the
Delhi High Court`s verdict of decriminalizing gay sex on
behalf of the Delhi Commission for Protection of Child Right,
submitted that social issues cannot be decided on the basis of
The bench, however, observed that it is a reflection of
society of that time and homosexuality should not be seen only
in terms of sexual intercourse.
Earlier, the bench had asked the anti-gay rights groups,
challenging legalization of gay sex to explain how such acts
are against the order of nature as submitted by them.
The apex court was hearing petitions filed by anti-gay
rights activists and also by political, social and religious
organizations which have opposed the Delhi High Court verdict
decriminalizing homosexual behavior.
The bench would continue hearing the case tomorrow.
On February 7 last, the bench had refused to implead the
armed forces in the case on the contentious issue.
People and organizations from different fields have come
out in support of or against the path-breaking verdict of the
High Court which had sparked a controversy.
Several political, social and religious outfits have
asked the Supreme Court to give the final verdict on the
Senior BJP leader BP Singhal, who had opposed in the
High Court legalization of gay sex, has challenged the verdict
in the Supreme Court saying such acts are illegal, immoral and
against ethos of Indian culture.
Religious organizations like All India Muslim Personal
Law Board, Utkal Christian Council and Apostolic Churches
Alliance have also opposed the High Court`s verdict.
Delhi Commission for Protection of Child Right, Tamil
Nadu Muslim Munn Kazhgam, astrologer Suresh Kumar Kaushal and
yoga guru Ramdev have also opposed the verdict in the apex