17.02.2012
Homosexuality may be “abnormal”, but it is not unnatural,
the Supreme Court said today, and challenged anti-gay groups to point out even
a single piece of penal law in India
“Homosexuality may be abnormal for some, unnatural for some
others. All abnormal sex is not unnatural. There is a difference between
unnatural, natural and abnormal. It has to be considered individually. And in
each case it has to be proved that an individual act was against the order of
nature,” the court said, questioning the very logic behind the government
generalising homosexuality as an unnatural offence under Section 377 of the
Indian Penal Code (IPC).
The court was refuting the argument by anti-gay groups that
any act of sex which does not lead to “procreation” is against the order of
nature and unnatural under Sec. 377 of the code.
A bench of Justices G S Singhvi and S J Mukhopadhyay is
hearing a bunch of petitions challenging a Delhi High Court judgment of July 2,
2009, decriminalising sexual intercourse among adults of the same sex.
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