The Supreme Court has refrained from making the armed forces a party in the ongoing proceedings regarding a controversial judgment by Delhi high court two years ago that sex between two consenting adults of the same sex isn’t an offence.
A bench of justices GS Singhvi and AK Ganguly dismissed the petition submitted by an astrologer, Suresh Kumar Koushal, who wanted notices to be issued to the defence ministry to know the armed forces’ point of view on the contentious issue.
“The army chief in 2009 had stated that in the forces homosexuality is deemed indecent and unnatural behaviour and can lead to court martial,” the petition said.
Koushal said the army’s stand is contrary to the HC judgment and it must be heard.
A senior army officer had said gay rights remain a largely metropolitan phenomenon and homosexuality is strict taboo for a majority of India’s 1.1 million soldiers.
Citing global trends, he said legalising homosexuality in the services is not feasible.
“No armed force in the world has legalised homosexuality, as in an institution like this it can have adverse consequences. Soldiers are posted in the remotest of areas and have to live in close proximity for long. Any legalisation of homosexuality would adversely impact inter-personnel relations,” the officer added.
“Moreover, our jawans come from a rural background and they do not consider homosexuality normal behaviour’’, he had added.
During recruitment, the Indian military does not ask the sexual orientation of the applicant.
Though the Armed Forces Act does not mention homosexuality, it is illegal under the Army Act, 1950, and the Air Force Act, 1950, which deal with “unbecoming conduct” and “any disgraceful conduct of a cruel, indecent or unnatural kind”.
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