SC declines to stay HC verdict on homosexuality

ANI Tags : Supreme Court, legalise gay sex, consenting adults, homosexuality, Section 377 Posted: Monday , Jul 20, 2009 at 1520 hrs New Delhi:

The apex court was hearing a plea filed by astrologer Suresh Kumar Kaushal against the Delhi High Court's verdict.

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The Supreme Court on Monday declined to pass an interim order to stay the Delhi High Court verdict legalising gay sex among consenting adults.

The apex Court said it would wait for the government to come out with a definite stand on the issue.

"We are not for stay as there is no threat of any consequences. We will hear the government, what is their stand," a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said.

"Why not wait till government takes a definite stand," the Bench said before posting the matter for September 14.

Attorney General G E Vahanvati said that the government has taken a stand and it will reconsider it again as three ministries are involved.

He said that it was not in favour of the stay of the High Court order.

Vahanvati said that the government has taken a stand in the High Court and the judgement was of limited nature concerning gay sex between consenting adults.

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The apex Court refused to make any observation relating to the legitimacy of the gay marriages when a submission was made about it. The counsel opposing the High Court verdict wanted the court to say that such a marriage was not legitimate.

When a reference was made about Section 377 of the IPC, the Bench said, "Cases under Section 377 are registered only with regard to pedophiles. People are being convicted but it has nothing to do with gay marriages."

The apex court had earlier issued notice to the Centre seeking its response on the petition filed by a Delhi astrologer challenging the High Court verdict.

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Values are ImportantBy: Ivo Souza | 29-Jul-2009 Reply | Forward Some people may be born with a different sexual orientation. But this minority cannot change the nature of things. Male and female are needed for a genuine family. How can we speak of "gay marriages"? This is a contradiction in terms. People should be careful. We cannot dance at the tune of Science. Ethics is basic for the future of India and of the world. Society is already degenerated. It will deteriorate even more. Our children will be the victims. There will be no remedy at a later stage. Sexual orientation should be corrected. Homosexual behaviour cannot be normal and legal. We have to take care of the homosexuals, rehabilitate them. Otherwise, we shall have genetic disorders which will extend themselves even to incest and criminality.What steps are we taking against rape? What security is there in our country? If women cannot be protected against rape, will children be protected from pedophilia and males and females from homosexuals and lesbians? This is a point for reflection!

Some thing should better kept in check By: Janmejaya Panda | 21-Jul-2009 Reply | Forward India has a rich cultural heritage of showing the restraint and and has shown the world what it can do with the moral values like truth, non violence and acceptance . But the values which are central to Indian society should not be given up for the sake of freedom. There is a logical inclusion for any thing like this matter with the consent of every people inthe society . Our is a very different society which will not allow like these.

togetherBy: richard | 21-Jul-2009 Reply | Forward Does having it affect anybody? Living without a valued purpose is a crime. Are we punishing anyone who does not do it? Why spend public money on a private matter?

Judgement on gaysBy: kumar | 20-Jul-2009 Reply | Forward The High Court observed that a gay sex cannot attract crimi-nal action u/s.377 if it's 'tween consenting adults and nothing more. Why people react wildly to that? Couples haveanal sex,oral sex, or sex just for its sake and not procreate. All these are ignored even forced sex with weddedwife. So to make it a crime for gays are crude and unjust.here nobody is talking of marriage which is recognisedas per law and customs. people can have more wives in some society but not so in others,legally speaking forpleasure or otherwise. Some plants pollinate self and animals do have same sex occassionally. Please do not gooverboard in reactions or jump the gun. There are also somehumans who inherit both male and female genes and are notsure with whom they can mate. These reasons can motivateunusual sexual tendencies-so don't get aroused with passionand react with balance please.

Indian SC's refusal for pasing interim orderBy: peeral chandio | 20-Jul-2009 Reply | Forward Whether refusal by Indian SC for not passing interim order is right or wrong for those in favour and in opposition, we, in this part of the world see this whole phenomenon as "aping west" in toto and are still amazed that having section 377 (Unnatural offences) in hand, which is also applicable in pakistan penal code with same section, how supports of gay sex are benefited from HC Delhi orders. Have it been totally deleted. Whether indian society has grown to such level that their SC, after keeping their so called aspirations, decide in favour of those persons, who are in minority but in majority, i think. On the other hand SC Pakistan has recently pronounced those orders which reflect opinion of major strata of our society which is not fit in gay sex in india.Moreover, what other orthodox communites i.e. Muslims,sikhs, christians think against this sex has ever been incorporated in the order of Delhi HC. It will deteriorate indian society rather than becoming a role model for west.

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