Supreme Court declared gay sex illegal
New Delhi: Rejeciting the Delhi High Court that decriminalized homosexuality, the Supreme Court on Wednesday pronounced gay sex as illegal.
A bench of justices GS Singhvi and SJ Mukhopadhaya delivered the verdict on petitions of anti-gay right activists, social and religious organizations against the 2009 verdict of the High Court, which decriminalized gay sex.
While hearing the appeal, the apex court had pulled up the Centre for its “casual” approach on decriminalization of homosexuality and also expressed concern over the Parliament not discussing such important issues and blaming judiciary instead for its “over-reach”.
Senior BJP leader BP Singhal, who died in October 2012, had challenged the High Court verdict in the Supreme Court saying such acts are illegal, immoral and against the ethos of Indian culture.
The Delhi Commission for Protection of Child Right, Tamil Nadu Muslim Munn Kazhgam, astrologer Suresh Kumar Kaushal and yoga guru Ramdev’s disciple had also opposed the verdict. The Centre earlier had informed the apex court that there is an estimated 25 lakh gay population and about seven percent (1.75 lakh) of them are HIV-infected.
In its affidavit, the Union Health Ministry had said that it was planning to bring four lakh high-risk men who have sex with men (MSM) under its AIDS control programme and it has already covered around two lakh of them.
