The Supreme Court Thursday said the scope of Section 377 of the Indian Penal Code (IPC) was wide and could not be limited to holding homosexuality or sex between the same sex as being against the order of nature and criminal.
The apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhaya said that the scope of Section 377 IPC was a very broad one.
Justice Singhvi said that society had changed a lot now and there were concepts of live-in relationship, single mother or even surrogate mothers.
The court said that 20-30 years back child through surrogacy would have been treated as unnatural or against the order of nature but today it was a business.
Posing a number of questions to Delhi Commission for Protection of Child Rights, the court asked if carnal intercourse not against the order of nature could be put within four corners and if homosexuality was outlawed.
The court said this when senior counsel Amarendra Saran, appearing for the commission, told the court that the essential ingredient of carnal intercourse, which was not against the order of nature, was the possibility of procreation.
Saran emphasised that “carnal intercourse” that did not lead to “procreation” was unnatural.
The court was hearing a batch of petitions challenging the Delhi High Court’s July 2, 2009 verdict holding that Section 377, which criminalises gay sex among consenting adults, was a violation of fundamental rights.
Under Art 21 of our constitutional law,. Each can live life with dignity.. Dimensions of Art 21 will be Special task for SC judges.. this decision is contrary to the previous statement of justice singhvi.. anyways this could be beneficial for GAY couples.. I wish them all the best for their recognition as natural couples in society..