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Indian Supreme Court Orders Notice On Petitions Challenging Judgement Decriminalizing Gay Sex

by Gopalan on  July 9, 2009 at 2:27 PM Medico Legal News   - G J E 4
 Indian Supreme Court Orders Notice On Petitions Challenging Judgement Decriminalizing Gay Sex
The Supreme Court of India on Thursday issued a notice to the Centre on a petition challenging the Delhi High Court judgment legalizing gay sex.
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The petition -- filed by astrologer Suresh Kumar Kaushal -- sought the quashing of the verdict of the high court legalising gay sex between consenting adults in private, deemed a criminal offence under Section 377 of the Indian Penal Code.

The bench headed by Chief Justice K G Balakrishnan said that any interim order against the high court verdict, if necessary, will be considered only after hearing the parties concerned.

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

The high court's judgment would result in spread of HIV/AIDS; no one can imagine the consequences of the unnatural acts. Even animals don't indulge in such activities, Kaushal said in his petition. 

Kausahal said, homosexual behaviour is against the Indian societal norms. If such abnormality is permitted, it will lead the society towards a wrong path.

This is the second petition filed against the high court's verdict. On Wednesday,  Baba Ramdev filed a special leave petition on the same issue.

The Yoga guru contended that homosexuality is a disease that is curable. "It can be treated like any other congenital defect. Such tendencies can be treated by yoga, pranayam and other meditation techniques," he said in the petition, quoting Spanish psychiatrist Enrique Rojas.

"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 the Indian value system, Indian culture and traditions, as derived from religious scriptures," the petition said.  

Ramdev also asserted that legislative mandate under section 377 of IPC did not infringe the right to privacy of persons indulging in homosexual activities, as held by the high court.

He maintained that Section 377 is not violative of the right to dignity of an individual and reduction in purview in the penal provision would aid in promoting homosexual activities which are primarily responsible for the spread of HIV.

Lawyers Suresh Sharma and Gandharva Makker said yoga guru has challenged the July 2 judgment contending that homosexual activities are not only against public morality, public health and healthy environment but also against the interest of the society.



Source: Medindia
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