Supreme Court wants rethink on homosexuality

February 4, 2006

SC wants rethink on homosexuality

PIL: HC had dismissed NGO's plea, saying Indian society not ready yet

EXPRESS NEWS SERVICE

Posted online: Saturday, February 04, 2006 at 0151 hours IST

NEW DELHI, FEBRUARY 3: 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.

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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