Homosexuality issue may go to Supreme Court larger bench

The Centre is most likely to seek reference of the five-judge constitution bench of the Supreme Court on the issue of decriminalising homosexuality between two consenting adults.

In view of stiff opposition to Delhi High Court judgment dated July 2, decriminalising gay sex between two consenting adults, by all religious leaders, the government may plead with the Supreme Court on July 20, when the matter is listed for hearing, to refer the issue to the constitution bench.

The apex court is due to consider the prayer of the petitioner for interim stay against the operation of the impugned High Court judgment till the final disposal of the petition filed by an astrologer Suresh Kumar Kaushal and his doctor brother.

The petitioners, in their petition, have pleaded that the judgment will have adverse effect on the cultural and ethical values of the Indian society and may also spread dangerous diseases like AIDS.

According to the petitioners, homosexuality is a disease and such unnatural sex cannot be legalised.

The Supreme Court is awaiting the stand of the government on the issue. If the apex court accepts the plea of the Centre for decision of the issue by a larger bench, then it may stay the operation of the impugned judgment till further orders and refer the issue to such a bench.

Naz Foundation, on whose petition the judgment was delivered by the High Court recommending to the government to suitably amend section 377 IPC, is likely to support the judgment.

The Centre is likely to file its response to the petition this week.