SC on homosexuality

Homosexuality should be seen in the context of a changing society, as many things which were earlier unacceptable have become acceptable with the passage of time, the Supreme Court observed on Thursday. A bench, which is hearing a bunch of appeals filed against decriminalisation of gay sex, said that these things should be seen in the light of changing times. “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-forty years ago it was against the order of nature but now artificial fertilisation is a thriving business,” the bench said. “The society is changing,” it 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 Rights, submitted that social issues cannot be decided on the basis of sculptures.The bench, however, observed that homosexuality should not be seen only in terms of sexual intercourse.