SC calls for change in perception

The Supreme Court on Thursday said homosexuality was a wider term and should be viewed in context to the changing pattern of the society.

“Homosexuality is a wider term and must not necessarily be connected with the carnal intercourse. Live-in relationship, single parenthood, surrogacy were considered against the order of nature some 20 years ago but now particularly surrogacy has become a thriving business,” a bench of justices G S Singhvi and S J Mukhopadhyaya said.

The bench made the observation while hearing the arguments put forth by senior advocate Amrendra Sharan, appearing for Delhi Commission for Protection of Child Rights. The counsel was opposing the Delhi High Court’s historic verdict which had decriminalised gay sex between the consenting adults.

The apex court had on Wednesday posed some searching questions to anti-gay rights activists who had challenged the Delhi High Court’s verdict on the ground that it was against the order of the nature.

“Who is to define the order of nature? What is homosexuality? There was no test-tube baby and surrogate mothers some 60 years ago,” the court had said. The court had directed its queries to the advocate who argued that nature did not recognise homosexuality and lesbianism.

Over 15 appeals have been filed against the Delhi High Court’s verdict delivered in July, 2009, terming the provision of Section 377 of Indian Penal Code for gay sex among consenting adults in private as unconstitutional.

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