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Homosexuality, lesbian relationships unnatural, SC told
Wednesday February 15, 2012 10:45:36 PM,
IANS
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New Delhi:
The Supreme Court Wednesday was told that homosexuality and
lesbian relationship were unnatural and against the order of
nature as provided under the Section 377 of the Indian Penal Code
(IPC).
Senior counsel Amarendra Saran told the court during the hearing
on a batch of petitions challenging the Delhi High Court's July 2,
2009 verdict holding that Section 377, which criminalises gay sex
among consenting adults, was a violation of fundamental right
The apex court bench of Justice G.S. Singhvi and Justice S.J.
Mukhopadhaya was told that the order of nature as mentioned in
Section 377 of IPC had attained a "particular meaning and a
traditional meaning" as understood by society.
Section 377 IPC which deals with unnatural offences reads:
"Whoever voluntarily has carnal intercourse against the order of
nature with any man, woman or animal, shall be punished with...."
Saran who appeared for the Delhi Commission for Protection of
Child Rights (DCPCR) told the court that "right (life or personal
liberty) under Article 21 is not absolute and can be controlled by
law. The law must provide for reasonable procedure that is the
only requirement under the code of criminal procedure".
He told the court that when Article 15 provides for no
discrimination on ground of sex it means gender and not the sexual
orientations.
He told the court that public morality was the same as
constitutional morality and should not be seen as distinct in the
instant case.
The court asked how could the test tube babies and surrogate
mothers could be seen in the understood meaning of the order of
nature. The court asked if in both cases it was in conformity with
the order of nature and carnal intercourse as provided under
Section 377 IPC.
The court would next hear the case Thursday.
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