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Petitioner: Legalising gay sex may endanger national security  1 Week ago

Source:   Times Of India  

NEW DELHI: Justice Indu Malhotra, the lone woman on the five-judge constitution bench of the Supreme Court hearing arguments to decriminalise Section 377, said due to society’s historical inhibition towards the LGBT community, persons with different sexual orientation faced many difficulties, including denial of healthcare in semi-urban and rural areas.

Justice Malhotra said this inhibition towards gay people led to family pressure on them to get married, which could have made them bisexual. “There are hundreds of species in the animal world which indulge in same sex intercourse. ‘Prakriti’ (nature) and ‘vikriti’ (deviations) exist together,” she said on Thursday.

Additional solicitor general Tushar Mehta opposed equating ‘vikriti’ with homosexuality and said, “Indian philosophy connotes ‘prakriti’ and ‘vikriti’ very differently. These are portrayed more in the sphere of philosophy and spirituality and the expressions should not be dragged to connect them to sexual orientation of people.”

Suresh Kumar Koushal, on whose petition a two-judge bench of the SC had in December 2013 set aside a Delhi HC judgment of 2009 decriminalising consensual sex in private between same-sex adults, moved an application before the five-judge bench seeking to intervene in the proceedings and made a startling claim that legalising gay sex could endanger national security.

Koushal said Indian soldiers stayed away from their families for long periods and served under trying circumstances in difficult terrain. “Fear of Section 377 restrains them from performing same-sex intercourse with their brother jawans. If the provision is decriminalised, it will not only have adverse effect on Indian armed forces but could endanger national security,” he added.

Decriminalising Section 377 would also open a Pandora’s box as courts would be called upon to settle disputes relating to inheritance, maintenance, succession, divorce and child custody between same-sex couples/partners, he said.

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