India’s top court considers decriminalizing homosexuality.

(New Delhi, January 12, 2018) – In response to the petition filed by five celebrities who identify themselves as LGBT the Supreme Court of India led by three judge bench said that it would reconsider decriminalizing homosexuality.

The hearing took place on Monday January 8th skipping the established procedural requirements for curative petition.  The court concluded that the validity of section 377 of the IPC (Indian Penal Code) which criminalizes homosexuality as punishable offence could be reconsidered. The bench led by justice Deepak Misra said “Gender   identity   refers   to each   person’s   deeply   felt   internal   and   individual experience of gender, which may or may not correspond with   the   sex   assigned   at   birth,”

The writ petition was filed in 2016 against the judgement made in 2013 case Suresh Kumar Kaushal Vs Naz Foundation. The petition aims to strike down a particular section of IPC S.377 which criminalizes sexual activities “against the order of nature” including same sex acts, sex with animals and children. However the bench noted that “the   determination   of   order   of   nature   is   not   a   constant phenomenon. Social morality also changes from age to age.”

The senior advocate Kapil Sibal and Arvind Datar who represented LGBT petitioners claimed that IPC S.377 infringed petitioners’ rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with the other fundamental Rights guaranteed under Part III of the Indian Constitution.

The petition gained significance after the landmark judgement of Supreme Court which announced ‘Right to Privacy’ as the fundamental right in 2017. Since then LGBT activists have used this to further their agenda stating that what two consenting adults do in the privacy of their home is their ‘fundamental right’.

The bench further stated that “The purpose   of   elevating   certain   rights   to   the   stature   of guaranteed   fundamental   rights   is   to   insulate   their exercise   from   the   disdain   of   majorities,   whether legislative   or   popular.   The   guarantee   of   constitutional rights   does   not   depend   upon   their   exercise   being favorably   regarded   by   majoritarian   opinion.   The   test   of popular   acceptance   does   not   furnish   a   valid   basis   to disregard rights which are conferred with the sanctity of constitutional protection.” However it is remarkable that the same fundamental rights: right to life, liberty and equality is denied for 16 million children killed by abortion in India every year.

The bench remarks that “ IPC S.377 uses the phraseology ‘carnal intercourse against the order of nature”,” What   is   natural   to   one   may not   be   natural   to   the   other” speaking in favor of homosexuality; Ironically his final part of the statement notes that the IPC S.377 which relates to bestiality is beyond debate shows the unsound legal analysis and hypocrisy.

Majority of the Indian news media celebrated this absurdity in part of the apex court as a sign of victory. The editorial by The Hindu notes that “the latest petition has paved the way for a comprehensive hearing on all dimensions of the right of individuals to affirm their sexual orientation. In this, the court must not confine itself to the issue of privacy, but also address the discrimination inherent in Section 377 on the basis of sexual orientation.” However revoking IPC S.377 has serious repercussions. It places children in a dangerous position as an easy prey for pedophiles since sexual crimes committed against minors were dealt under this section so far. The POCSO Act which they claim to do the job of protecting children from sexual offences and abuses in the absence of IPC S.377 is a complete lie since POCSO does not prohibit sexual offence against consenting minors.

This is not the first time the LGBT community manipulates constitutional right to practice and legitimize sodomy. It is important to note that the efforts to decriminalize homosexuality in India is greatly funded and orchestrated by international community. And this is obvious if one takes a peek at who funds Naz foundation to pay enough for an ex union minister of Ministry of Law and Justice to take up the case.

The next hearing of the case has not been scheduled yet but LGBT activists have already begun their celebration of sure victory. If IPC S.377 is revoked India is sure to see a new set of hell let lose to prey on our children destroying our families.


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