The NGO, which was the first to file the petition for decriminalising section 377 of IPC, today expressed dissatisfaction over the Supreme Court judgement upholding the constitutional validity of the penal provision making gay sex a punishable offence.
"We are disappointed with the judgement. We think the judgement is not correct in law. We will take appropriate legal recourse," senior advocate Anand Grover, who argued the case for the NGO Naz Foundation, said after the verdict was pronounced.
A bench of justices G S Singhvi and S J Mukhopadhaya set aside the 2009 Delhi High Court judgement which had decriminalised gay sex.
While setting aside the high court order, the apex court allowed the appeals filed by various social and religious organisations for making gay sex a criminal offence.
The apex court observed that there is no constitutional infirmity in section 377 of IPC which makes gay sex an offence and added that it is for the legislature to look into the desirability of deleting the provision from the law.
Activists of the NGO who were present inside the court room were visibly upset, while those outside said, "is judgement se hamara jeene ka adhikaar chhin gaya hai (this verdict has taken away our right to life)".
They also demanded that the 1861 legislation, by which section 377 is a criminal offence, be changed.
"Kya yeh crime hai ki ek bachcha lesbian ya gay paida hota hai (is it a crime that a child is born a lesbian or gay)? Yeh toh natural feeling hota hai (this is a natural feeling). Yeh kisi ka hak nahi hai ki LGBT ya gays pe dosh lagaya jai (no one has the right to blame LGBTs or gays)," the activists commented.
The verdict came on the petitions of several anti-gay right activists, social and religious organisations against the 2009 verdict of the high court, which decriminalised gay sex.