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'Decriminalising homosexuality will send wrong signals'

Rajya Sabha member, former governor of Jharkhand and retired chief justice of the Punjab & Haryana High Court M Rama Jois speaks on the hot-button subject.

'Decriminalising homosexuality will send wrong signals'

The Delhi High Court's decision to 'read down' section 377 of the Indian Penal Code (IPC), which criminalised homosexuality, has evoked mixed reactions from different sections of society. While homosexuals and their supporters have welcomed the verdict, many have expressed scepticism.

The National Commission for Women said there was need for a nationwide debate on the judgment. Union law minister Moodbidri Veerappa Moily said the government will take a decision after discussing the issue with religious leaders and people from all sections of society.

Mandagadde Rama Jois, BJP member of the Rajya Sabha, former governor of Jharkhand, and retired chief justice of the Punjab & Haryana High Court spoke to DNA on the issue. Excerpts:

What is your opinion about the Delhi High Court verdict on section 377?
Striking down section 377 is a very unfortunate decision. In the name of so-called protection of fundamental rights, the high court has allowed homosexuality. According to me, if this is regarded as a fundamental right, then granting such a right is very wrong and unfortunate.

How do you think allowing homosexuality will affect our social system?
When you take natural and biological aspects into consideration, man is like any other animal. Even in the animal kingdom, there is no physical relationship among members of the same sex. If homosexuality becomes legal and rampant, the entire social machinery will break down. In England, some years back, prisoners had demanded homosexual rights. Though the government gave in, their supreme court struck down the demand, keeping social norms in mind.

How will the Delhi High Court ruling affect Indian society?
The Delhi High Court's ruling will send out wrong signals to youngsters. It will dilute the social and cultural values of our society. Social, moral, and ethical concepts will all go for a toss, posing a grave threat to society in general.

Marriage, in our country, is a revered institution that unites men and women. If such a verdict is made into a law, then the institution of marriage will die.

What should the central government do?
Since a high court has passed this order, the Centre can't do anything except to file an appeal before the Supreme Court and get a stay on the order. The Centre should file an appeal immediately; otherwise the ruling will just give out wrong signals.

But could not the Centre also think on the lines of the Delhi High Court?
No. The Centre will not take such a rash decision in this regard. Law minister M Veerappa Moily has already mentioned that he will discuss the issue with concerned people and religious leaders, most of whom are against this verdict.

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