The Supreme Court (SC) on Thursday issued notices to the centre and the Delhi government acting on a petition challenging the Delhi high court (HC) order decriminalising homosexuality, even as religious leaders joined hands against the right granted to gays and lesbians. The SC also issued a notice to the Naz Foundation, an NGO spearheading the gay rights campaign.
The notice is a blessing in disguise for the Union government as it has been hesitant in taking a stand either in favour of or against the HC verdict. An analyst said: “At last, the government can now say ‘no comments’ since the matter is sub judice.”
Meanwhile, united in their tirade against the HC verdict, religious groups on Thursday declared they would launch a nationwide campaign against the “shocking, deplorable and unfortunate” order. Convening an all-faith delegation, representatives of the Jamaat-e-Islami Hind (JIH), Delhi Catholic Archdiocese, Delhi Sikh Gurdwara Parbhandak Committee and Ahimsa Vishwa Bharti (AVB) — a Jain organisation — said though they were undecided on appealing against the verdict, their main agenda was to pressurise the government.
“The verdict propagates completely unnatural acts. Even animals do not display such sexual behaviour… Homosexual relations are a threat to family ties and the entire social, cultural and religious fabric of our country,” said JIH president Maulana Syed Jalaluddin Umari, adding that the ban on homosexuality was “in no way a violation of fundamental rights”.
“We aren’t against the idea of an individual’s freedom, but personal freedom mustn’t threaten social, religious and cultural sensibilities,” said AVB founder Acharya Lokesh Muni.
They suggested homosexuality could be “cured” through therapy and counselling and was usually a “temporary choice made by individuals due to various circumstantial compulsions”. But barring Umari, the others said they did not consider homosexuality a crime and were not opposed to it being decriminalised. However, they said, they were “staunchly against any attempt to legalise homosexual relations”.
The SC bench headed by chief justice KG Balakrishnan said any interim order against the HC verdict, if necessary, will be considered only after hearing the parties concerned.
When the counsel of astrologer Suresh Koshal, who had filed a petition against the HC verdict, contended that the judgment has redefined the institution of marriage, the bench remarked it was not so.
Also, while posting the matter for July 20, chief justice Balakrishnan said: “For gay sex, to my knowledge, nobody has been prosecuted.”
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