Supreme Court dismisses plea to hear armed forces on homosexuality

Written by: Ani
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New Delhi, Feb 7 (ANI): The Supreme Court on Monday dismissed a plea to make armed forces a party to the petitions supporting and opposing the Delhi High Court's ruling, which decriminalised homosexual acts between two consenting adults in private.

An apex court bench headed by Justice G S Singhvi dismissed the appeal made by one Suresh Kumar Kaushal, who submitted that the defence forces should be made a party to the matter in view of the fact that the 'Defence Forces Act' renders homosexual behaviour as illegal.

The petitioner also put forward the point that the Army chief had said that no armed force in the world has legalised homosexuality and that it is illegal under the Army Act and the Air Force Act.

Kaushal contended that the armed forces be impleaded in the case, as their stand is contrary to the Delhi High Court verdict, which decriminalised gay sex among consenting adults in private.

The apex court, however, appeared to be unconvinced and dismissed his application.

The High Court had on July 2, 2009 declared the penal provision (under Section 377 of Indian Penal Code) for gay sex among consenting adults in private as unconstitutional which was earlier a criminal offence punishable with up to life imprisonment.

The apex court had declined to stay the verdict and had said, "Any interim order against the High Court verdict, if necessary, will be considered only after hearing the parties concerned". (ANI)

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