Supreme Court in India defers hearing on gay rights case to April

By Suneha Dutta

New Delhi

The Supreme Court on 7 February said it would hear all interventions on the decriminalising of homosexuality in April. A two-judge Bench said it would hear the interventions filed by 19 petitioners – four approving a 2009 Delhi High Court order and 15 opposing it.

The Bench, comprising Justice GS Singhvi and Justice AK Ganguly, was hearing several petitions filed by political, social and religious organisations opposing the Delhi High Court order that decriminalised homosexuality. The Bench said, “We have read through all the 19 petitioners and there is substantial matter in all. Hence, we will hear all the 19 petitions.”

On 9 July 2009, the Delhi High court read down section 300 of the Indian Penal Code that criminalised same-sex intercourse which was punishable with life imprisonment. In the landmark ruling, the High Court judges had said that Section 377 of the IPC should be amended and same sex union legalised among consenting adults older than 18 years. Several religious and political organisations protested against the ruling, saying it was encouraging and sanctioning an ‘unnatural’ act and setting bad examples for the future.

Of the 15 petitioners opposing the order in the Supreme Court were BP Singhal, a senior VHP leader, the All India Muslim Personal Law Board, the Utkal Christian Council and the Apostolic Churches Alliance among others.

Amongst the petitioners rooting for the High Court order were filmmaker Shyam Benegal, a group of 19 parents of lesbian, gay, bisexual and transgender (LGBT) schoolchildren, a group of mental health professionals and a group of teachers. The group of mental health professionals said opposing homosexuality saying it was criminal activity would result in irreparable psychological and mental harm to LGBT persons.

The group of parents was led by Mrs. Minna Saran, mother of Nishit Saran, a young gay filmmaker who died in a road accident. Nishit’s work documented his struggles in trying to come out about his sexuality, and fearing society's reactions towards his family. This group of parents are pleading that criminalising homosexuality destroys families.

suneha@tehelka.com