Decriminalising gay sex: SC reserves order

The Delhi High Court had in 2009 decriminalised gay sex

PTI | March 27, 2012



After a marathon hearing spanning over a month, the Supreme Court on Tuesday reserved its verdict on a bunch of petitions challenging the Delhi High Court verdict decriminalising gay sex among consenting adults in private.

A bench of justices G S Singhvi and S J Mukhopadhaya reserved its verdict on a bunch of petitions by anti-gay right activists, social and religious organisations against the 2009 verdict of the high court, which decriminalised the gay sex.

The bench had commenced final day-to-day hearing of the case from February 15.

During the hearing, the apex court had pulled up the Centre for its "casual" approach on decriminalisation of homosexuality and had also expressed concern over the Parliament not discussing such important issues and blaming judiciary instead for its "over-reach".

While pleading for decriminalisation of gay sex, the Centre had subsequently told the court that the anti-gay law in the country had resulted from the British colonialism and the Indian society was much more tolerant towards homosexuality.

The Delhi High Court had in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.

Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence entailing punishment up to life term.

Senior BJP leader B P Singhal has challenged the high court verdict in the Supreme Court saying such acts are illegal, immoral and against the ethos of Indian culture.

Religious organisations like All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance too have challenged the judgment.

The Delhi Commission for Protection of Child Right, Tamil Nadu Muslim Munn Kazhgam, astrologer Suresh Kumar Kaushal and yoga guru Ramdev have also opposed the verdict.

The Centre earlier had informed the apex court that there are an estimated 25 lakh gay population and about seven percent (1.75 lakh) of them are HIV-infected.

In its affidavit, filed by the Union health ministry, it said that it is planning to bring 4 lakh high-risk 'men who have sex with men (MSM)' under its AIDS control programme and it has already covered around 2 lakh of them.

Comments

 

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter