Scope of penal provision on gay sex wide: SC
February 16th, 2012 - 9:48 pm ICT by IANSNew Delhi, Feb 16 (IANS) The Supreme Court Thursday said the scope of Section 377 of the Indian Penal Code (IPC) was wide and could not be limited to holding homosexuality or sex between the same sex as being against the order of nature and criminal.
The apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhaya said that the scope of Section 377 IPC was a very broad one.
Justice Singhvi said that society had changed a lot now and there were concepts of live-in relationship, single mother or even surrogate mothers.
The court said that 20-30 years back child through surrogacy would have been treated as unnatural or against the order of nature but today it was a business.
Posing a number of questions to Delhi Commission for Protection of Child Rights, the court asked if carnal intercourse not against the order of nature could be put within four corners and if homosexuality was outlawed.
The court said this when senior counsel Amarendra Saran, appearing for the commission, told the court that the essential ingredient of carnal intercourse, which was not against the order of nature, was the possibility of procreation.
Saran emphasised that “carnal intercourse” that did not lead to “procreation” was unnatural.
The court was hearing a batch of petitions challenging the Delhi High Court’s July 2, 2009 verdict holding that Section 377, which criminalises gay sex among consenting adults, was a violation of fundamental rights.
- Scope of penal provision on gay sex wide: SC (Lead) - Feb 16, 2012
- Homosexuality, lesbian relationships unnatural, SC told (Lead) - Feb 15, 2012
- Criminal acts in privacy not immune, court told - Feb 22, 2012
- Homosexuality, lesbian relationships unnatural, SC told - Feb 15, 2012
- Activists slam government's stand on gay sex - Feb 23, 2012
- Government disowns remarks on gays (Lead) - Mar 21, 2012
- Apex court seeks attorney general's assistance in gay law case - Mar 21, 2012
- Government's flip-flop on gay sex ban (Roundup) - Feb 23, 2012
- Supreme Court to hear pleas against gay sex in April (Lead) - Feb 07, 2011
- Decriminalise homosexuality says Delhi High Court - Jul 02, 2009
- Don't decriminalise gay sex: Home ministry - Feb 23, 2012
- Supreme Court to hear pleas against gay sex in April - Feb 07, 2011
- Religious leaders criticise ruling on gay sex - Jul 02, 2009
- Apex court raps government for flip-flop on homosexuality (Lead) - Feb 28, 2012
- Government disowns remarks on gays - Mar 21, 2012
Tags: apex court, carnal intercourse, consenting adults, court bench, delhi commission, delhi high court, emphasised, essential ingredient, four corners, fundamental rights, homosexuality, indian penal code, ipc, petitions, procreation, saran, section 377, senior counsel, single mother, surrogate mothers