Advocate Ashok Desai appearing for a petitioner traces the history of homosexuality and says it was prevalent in Ancient Greece and was accepted in ancient India.
In a big boost to the LGBTQ community in India, one of the Supreme Court judges observed that homosexuality was not an abberation.
Justice Indu Malhotra, the only woman judge on the bench, observes that being homosexual is not an aberration but a variance. There are other species which indulge in same-sex relations as well. Stating that members of the LGBTQ community do not get proper medical treatment due to inhibitions, she added, “Homosexuals don’t disclose their sexuality and due to family pressure etc get into marriages. Then frustration etc leads to bisexuality. And what about the trauma of off springs who come to know one parent is homosexual?”
Advocate Ashok Desai appearing for a petitioner traces the history of homosexuality and says it was prevalent in Ancient Greece and was accepted in ancient India.
Earlier, the apex court for the third consecutive day continued the hearing in the challenge to Section 377 of the Indian Penal Code.
The matter is being heard by a Constitution Bench of Chief Justice of India Dipak Misra and Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
Yesterday, Senior Advocates Shyam Divan and Anand Grover, and advocates Jayna Kothari and Menaka Guruswamy made their submissions for various petitioners and intervenors.
The Central government has clarified its stance on the provision; Additional Solicitor General Tushar Mehta revealed that the Centre will not contest the challenge to Section 377, insofar as it applies to “consensual acts of adults in private”.
Section 377 of the IPC was introduced by the British in 1861. It criminalises sexual activities against the "order of nature" and the ambit of this law extends to any sexual union involving penile insertion. The law reads: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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