New Delhi: The Supreme Court on Monday said it would start the process to test the constitutional validity of Delhi high court’s decision to decriminalise same gender consensual sex between adults on April 19.
A bench comprising Justices G S Singhvi and A K Ganguly issued notices on over a dozen petitions and applications challenging the HC’s July 2, 2009 verdict, which said police could not arrest adult members of the LGBT (lesbian, gay, bi-sexual and trans-sexual) community under Section 377 of Indian Penal Code.
However, it rejected one Suresh Kumar Koushal’s plea to include the Army, Navy and IAF as parties. Koushal claimed the armed forces had clarified that they would not legalise same gender sexual relationship on the ground that soldiers were routinely posted in remote areas and such permission could tell upon its preparedness.
The court clarified, “The issue raised in the petitions is in the nature of public interest. It is a pure question of law and interpretation of various provisions of the Constitution as well as the Indian Penal Code”.
To fast-track the hearing and cut out lengthy arguments from counsel on the issue, it asked all parties to file their written submissions within eight weeks and ordered the registry to ensure notices reaching respondents.
The court had earlier entertained a host of appeals against the HC verdict but refused to grant interim stay on its operation.
Large number of counsel, present for the NGOs including ‘Naaz Foundation’ and ‘Voices Against 377’, did not have to advance any argument as the SC posted the matter for final hearing on April 19.
The petitioners had contended that the HC verdict opened a Pandora’s box and said increasing number of marriages between gay partners were taking place across the country.
“Already same-sex marriages have been reported in media. What is going to be the status of inheritance? What about divorce? Which marriage law would apply to such partners,” they had asked.
Since July 2, 2009, the LGBT community has been celebrating its liberation from Section 377, a 140-year-old British legacy used as a stick by the police to persecute and harass homosexuals.
The HC had clarified that Section 377 would continue to operate stringently against paedophiles and those who forcibly indulge in homosexual activity.
But despite issuance of notice by the court on appeals, the UPA government has not yet filed any response. Before the HC, it had opposed dilution of Section 377.
However, it rejected one Suresh Kumar Koushal’s plea to include the Army, Navy and IAF as parties. Koushal claimed the armed forces had clarified that they would not legalise same gender sexual relationship on the ground that soldiers were routinely posted in remote areas and such permission could tell upon its preparedness.
The court clarified, “The issue raised in the petitions is in the nature of public interest. It is a pure question of law and interpretation of various provisions of the Constitution as well as the Indian Penal Code”.
To fast-track the hearing and cut out lengthy arguments from counsel on the issue, it asked all parties to file their written submissions within eight weeks and ordered the registry to ensure notices reaching respondents.
The court had earlier entertained a host of appeals against the HC verdict but refused to grant interim stay on its operation.
Large number of counsel, present for the NGOs including ‘Naaz Foundation’ and ‘Voices Against 377’, did not have to advance any argument as the SC posted the matter for final hearing on April 19.
The petitioners had contended that the HC verdict opened a Pandora’s box and said increasing number of marriages between gay partners were taking place across the country.
“Already same-sex marriages have been reported in media. What is going to be the status of inheritance? What about divorce? Which marriage law would apply to such partners,” they had asked.
Since July 2, 2009, the LGBT community has been celebrating its liberation from Section 377, a 140-year-old British legacy used as a stick by the police to persecute and harass homosexuals.
The HC had clarified that Section 377 would continue to operate stringently against paedophiles and those who forcibly indulge in homosexual activity.
But despite issuance of notice by the court on appeals, the UPA government has not yet filed any response. Before the HC, it had opposed dilution of Section 377.
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