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Guest (Guest)     14 July 2009

Homosexuality issue may go to Supreme Court larger bench

 The Centre is most likely to seek reference of the five-judge constitution bench of the Supreme Court on the issue of decriminalising homos*xuality between two consenting adults.



In view of stiff opposition to Delhi High Court judgment dated July 2, decriminalising gay s*x between two consenting adults, by all religious leaders, the government may plead with the Supreme Court on July 20, when the matter is listed for hearing, to refer the issue to the constitution bench.



The apex court is due to consider the prayer of the petitioner for interim stay against the operation of the impugned High Court judgment till the final disposal of the petition filed by an astrologer Suresh Kumar Kaushal and his doctor brother.



The petitioners, in their petition, have pleaded that the judgment will have adverse effect on the cultural and ethical values of the Indian society and may also spread dangerous diseases like AIDS.



According to the petitioners, homos*xuality is a disease and such unnatural s*x cannot be legalised.



The Supreme Court is awaiting the stand of the government on the issue. If the apex court accepts the plea of the Centre for decision of the issue by a larger bench, then it may stay the operation of the impugned judgment till further orders and refer the issue to such a bench.



Naz Foundation, on whose petition the judgment was delivered by the High Court recommending to the government to suitably amend section 377 IPC, is likely to support the judgment.



The Centre is likely to file its response to the petition this week.



 6 Replies

Swami Sadashiva Brahmendra Sar (Nil)     14 July 2009

Is it  really a legal  or constitutional issue for the Government?

The pulse ( Arhar dal) is likely to touch Re 100/-  per kg. !!!!!!!! Vegetables are likely to disappear from the market!!!!!! More and more people are being retrenched from jobs!!!!!! Most parts of the country are under grip of drought.

 In villages, earlier there were strict demands from the marriage party for a Nautanki. I think one of the reasons behind this demand would have been that the guests would not complain for mismanagement regarding foods and lodging etc.

I am sorry, I am unable to divert my mind from hunger to  the nautanki on homos*xuality!!!

 

Guest (Guest)     14 July 2009

 This is an important issue, especially for advocates.

Kiran Kumar (Lawyer)     15 July 2009

i agree with Dr. Tripathi,

 

the core issues of Indian society are still unaddressed.

 

politicians control our agriculture, they are the industrialists, they are the sellers.......what is for common man :- HOMOSEXUALITY...........ridiculous.

 

after more than 60 yrs of independence, we still dont ve food security.

 

under the fake theory of urbanisation...argrarian land is being reduced........we fall short of water.....we lack in education.

 

still the hotly debated topic is Homos*xuality.....this aspect is more concerned with the hi class of the society...... a common man is still normal and is fighting for basic needs.

 

but for technical discussions.........no topic can be left undiscussed.......may it be homos*xuality.

nikhil nanda (law student)     17 July 2009

why cant these people live and let others live do they always hav to interfere be it baba ramdev or any other................

charudureja (advocate)     17 August 2009

I agree that we have more important issues to deal and the some people are hyping the issue to get their selfish motives fulfilled. But still this issue should come to an end once for all. This is no diesease as has been said by some, so whatever it is let the SC's constitutional bench decide the  issue so that the matter should be put to rest.

Guest (Guest)     17 August 2009

The Supreme Court on Monday issued notice to the Centre on petitions filed by a Christian body and a disciple of Yoga Guru Baba Ramdev seeking stay of a Delhi High Court verdict legalising gay s*x among consenting adults. A bench, headed by Chief Justice K G Balakrishnan, posted the matter for further hearing on September 14 when it is likely to take up another bunch of similar petitions challenging the judgement. The Court asked the government to file its response on the matter by the next date of hearing. The Court's notice came on two petitions filed by Christian Apostolic Churches Alliance and S K Tijarawala, a disciple of Baba Ramdev. The apex Court had earlier on July 20 refused to stay the High Court's judgement stating that it would wait for the Government to come forward with its response on the issue. It had earlier also issued notice to the Centre seeking its response on a similar petition filed by astrologer Suresh Kumar Kaushal challenging the High Court judgement. Notices were also issued to Naz Foundation, the NGO, and other respondents who were parties before the High Court. Kaushal sought setting aside of the July two High Court verdict legalising gay s*x between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.


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