New Delhi, Feb 7 (PTI) The Supreme Court today refusedto implead armed forces on the contentious issue ofdecriminalisation of homosexual acts between two consentingadults in private.
A bench of justices G S Singhvi and A K Ganguly dismissedthe plea by one Suresh Kumar Koushal, a city astrologer, whosubmitted that the defence forces should be made a party tothe matter in view of the fact that they have always opposeddecriminalisation of homosexual behaviour.
The petitioner submitted that it is imperative to hearthe stand of the Defence Forces as the Army chief had openlyexpressed his opinion against homosexual behaviour and hadsaid that such behaviour would not be allowed in the forces.
He contended the armed forces be impleaded in the case astheir stand is contrary to the judgement of the Delhi HighCourt, which had legalised gay sex among consenting adults.
"The Army Chief in 2009 has stated that in the forceshomosexuality is deemed indecent and unnatural behaviour andcan lead to court martial," the petition said.
It said the Army chief had gone to the extent of sayingthat "no armed forces in the world has legalised homosexualityas in an institution like this it can have adverseconsequences".
"Though the armed forces laws does not mentionhomosexuality but it is illegal under the Army Act and the AirForce Act which deal with disgraceful and indecent conduct,"the petitioner said while pleading that Defence Forces beasked to file their response as their stand is contradictoryto the Delhi High Court''s verdict which had decriminalised gaysex.
The apex court, however, was not convinced and dismissedhis application.
The court said it would allow all parties who haveapproached the court to present their case as the issue isimportant and fixed the matter for further hearing to April19. (more) PTI AAC RKS RAX