New Delhi:
The Supreme Court has dismissed a plea to make armed forces a party to the petitions supporting and opposing the Delhi High Court's ruling which decriminalised homosexual acts between two consenting adults in private.
A bench headed by Justice G S Singhvi dismissed the plea made by one Suresh Kumar Kaushal, who submitted that the defence forces should be made a party to the matter in view of the fact that the Defence Forces Act renders homosexual behaviour as illegal.
The petitioner also submitted that the Army chief had said that no armed force in the world has legalised homosexuality and that it is illegal under the Army Act and the Air Force Act.
He contended that the armed forces be impleaded in the case as their stand is contrary to the judgement of the Delhi High Court, which had decriminalised gay sex among consenting adults in private.
The apex court, however, was not convinced and dismissed his application.
The High Court had on July 2, 2009 declared the penal provision -- Section 377 of Indian Penal Code-- for gay sex among consenting adults in private as unconstitutional.
The section 377 of the IPC declares any sexual act against the "order of nature", including homosexuality, as a criminal offence punishable with up to life imprisonment.
Individuals and organisations from different fields have come out in support of or against the path breaking verdict sparking a controversy. Several political, social and religious organisation have asked the Supreme Court to give the final verdict on the issue.
Senior BJP leader B P Singhal who had opposed legalisation of gay sex in the High Court has challenged the verdict in the Supreme Court saying that such acts are illegal, immoral and against the ethos of Indian culture.
Expressing similar sentiments, religious organisations like All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance have opposed the High Court's verdict.
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 in the apex court.
The parties opposing the High Court verdict contended that homosexual acts, by all standards, were "unnatural" and could not be permitted.
The apex court had declined to stay the verdict and had said, "Any interim order against the high court verdict, if necessary, will be considered only after hearing the parties concerned".
A bench headed by Justice G S Singhvi dismissed the plea made by one Suresh Kumar Kaushal, who submitted that the defence forces should be made a party to the matter in view of the fact that the Defence Forces Act renders homosexual behaviour as illegal.
The petitioner also submitted that the Army chief had said that no armed force in the world has legalised homosexuality and that it is illegal under the Army Act and the Air Force Act.
He contended that the armed forces be impleaded in the case as their stand is contrary to the judgement of the Delhi High Court, which had decriminalised gay sex among consenting adults in private.
The apex court, however, was not convinced and dismissed his application.
The High Court had on July 2, 2009 declared the penal provision -- Section 377 of Indian Penal Code-- for gay sex among consenting adults in private as unconstitutional.
The section 377 of the IPC declares any sexual act against the "order of nature", including homosexuality, as a criminal offence punishable with up to life imprisonment.
Individuals and organisations from different fields have come out in support of or against the path breaking verdict sparking a controversy. Several political, social and religious organisation have asked the Supreme Court to give the final verdict on the issue.
Senior BJP leader B P Singhal who had opposed legalisation of gay sex in the High Court has challenged the verdict in the Supreme Court saying that such acts are illegal, immoral and against the ethos of Indian culture.
Expressing similar sentiments, religious organisations like All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance have opposed the High Court's verdict.
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 in the apex court.
The parties opposing the High Court verdict contended that homosexual acts, by all standards, were "unnatural" and could not be permitted.
The apex court had declined to stay the verdict and had said, "Any interim order against the high court verdict, if necessary, will be considered only after hearing the parties concerned".
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