Anti-gay law offshoot of colonialism: Centre to SC

NEW DELHI: Anti-gay law in the country is an offshoot of British colonialism and the Indian society earlier was more tolerant towards homosexuality, the Centre on Thursday submitted before the Supreme Court while pleading for decriminalisation of gay sex.

“It would appear that the introduction of Section 377(making gay sex offence) in India was not a reflection of existing Indian values and traditions. Rather, it was imposed upon Indian society due to the moral views of the colonizers,” attorney genera G E Vahanwati submitted.

Appearing before a bench of justices GS Singhvi and SJ Mukhopadhaya, the AG submitted that government does not find any legal error in the judgment of Delhi High Court decriminalising gay sex and accepts the correctness of the same.

“Indian society prevalent before the enactment of the IPC had a much greater tolerance for homosexuality than its British counterpart, which at that time was under the influence of Victorian morality and values in regard to family and the procreative nature of sex,” he said while referring to various literatures of colonial and pre-colonial times.

“It is submitted that the Government of India does not find any legal error in the judgment of the High Court and accepts the correctness of the same. This is also clear from the fact that it has not filed any appeal against the judgment of the high court,” he said.

The SC was hearing petitions by anti-gay rights activists and also by political, social and religious organisations, opposing the high court verdict. The Delhi High Court had in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.

Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence entailing punishment up to life term. Senior BJP leader BP Singhal has challenged the HC verdict in the apex court, saying such acts are illegal, immoral and against the ethos of Indian culture.

Various religious bodies too have challenged the judgement. The Delhi Commission for Protection of Child Right, Tamil Nadu Muslim Munn Kazhgam, astrologer Suresh Kumar Kaushal and yoga guru Ramdev have also opposed the verdict.