Civil Procedure Code (CPC)

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 Shyam Benegal approaches SC to voice gay rights

Gay community has finally found its lone supporter in noted film director and Rajya Sabha Member Shyam Benegal, who has approached the Supreme Court in support of Delhi High Court judgement, legalising an act of homosexuality between two consenting adults.

Till now, the Naz foundation, on whose petition the Delhi High Court had pronounced the judgement in July 2009, was fighting a lone battle against stiff opposition from religious organisations as well as eminent religious and social leaders.

The High Court had recommended to the Union Government to suitably amend section 377, IPC in terms of the judgement of the High Court.

Mr Benegal, in his petition has contended that there was nothing wrong and illegal in the High Court ruling because no FIR can be registered without a complaint and the High Court ruling clearly implies if either of the party complains, then only gay sex would be an offence.

According to the Rajya Sabha MP, the so called religious leaders who were opposing the judgement, were unjustified since the judgement would not spread sexual corruption in the society as alleged by the petitioners opposed to the High Court judgement.

The main contention of the opponents of the High Court judgement, in the Supreme Court, is that the judgement offends Indian culture and ethos and also violates the law of nature which permits sexual intercourse between the two members of opposite sex.

The petitioners opposing the gay sex include Yoga Guru Baba Ramdev, two Christian church coalitions, three Muslim organisations and an astrologer and the J and K Panthers Party.

The Union Government is not opposing the High Court judgement in the Supreme Court.

The apex court will hear the petition next month.

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