A bench of justices G S Singhvi and S J Mukhopadhaya, which is hearing a bunch of appeals filed against the decriminalisation of gay sex, said these things should be seen in the light of changing times where the phenomenon of live-in relationships, single parents and artificial fertilisation have become normal.
"Recent phenomena of live-in relationships, single parents, surrogacy. There is a case where a man is unmarried but wants to be a father and engage a surrogate mother. Thirty to forty years ago it was against the order of nature but now artificial fertilisation is a thriving business," the bench said.
It also pointed out that many things, which were considered 'immoral' twenty years ago, have become acceptable to society now.
"The society is changing," the bench said adding that gay sex was not an offence prior to 1860 and referred to paintings and sculptures of Khajuraho.
Senior Advocate Amrendra Sharan, who is opposing the Delhi High Court's verdict of decriminalising gay sex on behalf of the Delhi Commission for Protection of Child Right, submitted that social issues cannot be decided on the basis of sculptures.
The bench, however, observed it is a reflection of society of that time and homosexuality should not be seen only in terms of sexual intercourse.
Earlier, the bench had asked anti-gay rights groups, challenging legalisation of gay sex to explain how such acts are against the order of nature as submitted by them.