Child rights panel moves SC against gay sex ruling

It will lead to large scale exploitation of children

The Delhi Commission for Protection of Child Rights, an organisation set up by the Delhi Government, in its petition said: “The high court, by diluting section 377 of the IPC, has legalised one more way of large scale sexual exploitation of children.’’

The Commission, working for the betterment of children in Delhi, said the high court has failed to take into account various aspects related to homosexuality, which adversely affect the physiological and mental state of a child.

After hearing preliminary arguments, a bench headed by Justice B N Agrawal issued notices to the Union Government and Naz Foundation, seeking their view on the high court ruling. The apex court also tagged the petition with other appeals on the same issue.  

Appearing for DCPCR, former additional solicitor general Amrendra Saran sought immediate suspension of the high court ruling, but the court slated the matter for hearing October 1.   

Notice to AAI

Meanwhile, the Supreme Court on Tuesday stayed a Bombay High Court order that directed the Mumbai International Airport Ltd (MIAL) to spare the land reserved for a Muslim cemetery, while carrying out the expansion of the Mumbai airport.

While issuing notices to the Greater Mumbai Municipal Corporation, the Airport Authority of India and others, a bench headed by Justice B N Agrawal stayed the high court ruling which asked the corporation to provide access to Saher Muslim Society, the petitioners, to use the land. The disputed site has been reserved for a cemetery way back in 1975.  

Advocate Mukul Rohtagi, appearing for the MIAL, said the high court on March 19 had directed the authorities to spare the cemetery land, providing enough space for passage, while carrying out expansion activities.  Rohtagi said the authority had proposed to give an alternative space for the cemetery.

The MIAL in the petition said that the access could only be provided by cutting through the airport property which would divide the land unscientifically and come in the way of the planned development of the airport.

Under the scheme of the Maharashtra Regional and Town Planning Act, 1966, the land was reserved for a cemetery, and the plan had become obsolete by the passage of time as the plot had never been utilised for the purpose of cemetery till date, the petition said.