SC notice to Centre on pleas challenging gay sex

Last Updated: Monday, August 17, 2009 - 19:02

New Delhi: The Supreme Court on Monday sought
a response from government on petitions filed by a Christian
body and a disciple of Yoga guru Ramdev seeking a stay on the
Delhi High Court verdict legalising gay sex on the ground it
will have a catastrohic effect on the society`s moral fabric.

The apex court`s order issuing a notice to the Centre
came after the advocates for Christian Apostolic Churches
Alliance, an umbrella of 22 churches in the national capital
and S K Tijarawala, a disciple of Ramdev, filed separate
petitions challenging the HC verdict on the ground that it
will have a catastrophic effect on moral fabric of society.

Before tagging their petitions with the another bunch
of similar petitions challenging the judgement, a Bench
comprising Chief Justice K G Balakrishnan and Justice P
Sathasivam wanted to know from the two petitioners what
adverse consequences they foresaw on society if the High
Court verdict became operational.

"What consequences are you talking about?" the Bench
said.

The lawyer representing Tejarwala said "there is a
likelyhood of destruction of matrimonial household".

"The moral fabric of the country has been ruptured by
this judgement," the lawyer for the Christian body said adding
other implications of the verdict was that it will lead to
coming up of brothels for male prostitution and gay parlours.
The lawyers said the nature of the HC judgement and
the language used in it will lead to its misinterpretation for
legalisation of prostitution.

However, the Bench disagreed with the argument saying
"prostitution is defined under Immoral Traffic (Prevention)
Act".

Both the petitions are likely to come up for hearing
on September 14 along with another bunch of similar petitions
filed by astrologer Suresh Kumar Kaushal and others
challenging the High Court judgement on which the apex court
on July 20 had issued a notice to the Centre seeking its
response.

The apex court had also refused to stay the High
Court`s judgement saying it would wait for the government to
come forward with its response on the issue.

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

Kaushal sought setting aside of the July two High
Court verdict legalising gay sex between consenting adults in
private, which was earlier a criminal offence punishable with
upto life imprisonment.

The petition filed through the disciple of the yoga
guru has challenged the judgement contending that homosexual
activities are not only against public morality, public health
and healthy environment but also against the interest of the
society. "...homosexual activities which are otherwise
unnatural pose a high risk of exposure of a large chunk of
population to dangerous sexually transmitted disease including
HIV/AIDS," the petition said.

"The decision of the High Court, if allowed to
sustain, will have catastrophic effects on the moral fabric of
society and will jeopardise the institution of marriage
itself. This offends the structure of Indian value system,
Indian culture and traditions, as derived from religious
scriptures," it said.

Bureau Report



First Published: Monday, August 17, 2009 - 19:02

comments powered by Disqus