PUCL flays SC order on gay sex

Protesting the Supreme Court`s judgment of criminalising homosexuality, a human rights organisation on Friday said that by affirming the constitutional validity of the section 377 of IPC, the apex court has relegated LGBT persons to the status of `second class citizens` because of their sexual orientation.

PTI| Last Updated: Dec 13, 2013, 20:46 PM IST

New Delhi: Protesting the Supreme Court`s judgment of criminalising homosexuality, a human rights organisation on Friday said that by affirming the constitutional validity of the section 377 of IPC, the apex court has relegated LGBT persons to the status of `second class citizens` because of their sexual orientation.

People`s Union of Civil Liberties (PUCL) said the effect of the SC ruling has reinstated a "discriminatory" law, introduced 153 years ago, which violates the right to equality, privacy and freedom of expression of a section of Indian citizens "reducing them to what Delhi High Court evocatively referred to as `unapprehended felons."

The organisation further stated the observations of the SC that in last 150 years there have been only 200 reported prosecutions as the basis for upholding vires of any provision "is unreasonable and dangerous precedent".

"The key reasons put forward by the Delhi High Court for reading down the section 377 (IPC) have unfortunately not been fully considered or answered by the SC while upholding the constitutionality of the provision," a statement issued by the organisation said.

"The SC lost sight of the fact that in the instant case the issue of section 377 against consenting adults is itself an abuse," the statement said.