When more than 30 countries, including a conservative nation like Ireland, have decriminalized homosexuality and legalised gay marriage by a referendum with 62.07% in favour of the move, why should India not decriminalize homosexuality, the Madras high court has asked the Union government.
Shouldn’t the government also accord LGBT (Lesbians, Gays, Bisexuals, Transgenders) people a special different legal status and recognise them as a separate group to safeguard their rights including the right to privacy, Justice N Kirubakaran said while passing orders on two cases of matrimonial discord, one involving a homosexual man and another a lesbian woman.
The judge said lack of statutory protection for LGBT people is affecting the institution of marriage. Why doesn’t the central government amend marriage laws to include homosexuality as valid reason for divorce as gays and lesbians cannot exhibit interest in the opposite sex, which is required for consummation of marriage, Justice Kirubakaran asked.
On Tuesday, the Supreme Court will hear a curative petition filed by gay rights activists against the apex court’s own verdict of December 2013 that overturned a 2009 Delhi high court verdict setting aside IPC’s Section 377, which criminalises homosexual sex, as unconstitutional. A curative petition is the last judicial resort available for redressal of grievances in court, which judges usually decide in-chamber, but the Supreme Court will on Tuesday hear the petition by gay rights activists and NGO Naz Foundation in open court. The Madras high court’s questions to the Centre are part of an ongoing case. Having passed orders on the matrimonial disputes, the court directed the Centre to file its response by July last year; it is yet to file the affidavit.
Shouldn’t the government also accord LGBT (Lesbians, Gays, Bisexuals, Transgenders) people a special different legal status and recognise them as a separate group to safeguard their rights including the right to privacy, Justice N Kirubakaran said while passing orders on two cases of matrimonial discord, one involving a homosexual man and another a lesbian woman.
The judge said lack of statutory protection for LGBT people is affecting the institution of marriage. Why doesn’t the central government amend marriage laws to include homosexuality as valid reason for divorce as gays and lesbians cannot exhibit interest in the opposite sex, which is required for consummation of marriage, Justice Kirubakaran asked.
On Tuesday, the Supreme Court will hear a curative petition filed by gay rights activists against the apex court’s own verdict of December 2013 that overturned a 2009 Delhi high court verdict setting aside IPC’s Section 377, which criminalises homosexual sex, as unconstitutional. A curative petition is the last judicial resort available for redressal of grievances in court, which judges usually decide in-chamber, but the Supreme Court will on Tuesday hear the petition by gay rights activists and NGO Naz Foundation in open court. The Madras high court’s questions to the Centre are part of an ongoing case. Having passed orders on the matrimonial disputes, the court directed the Centre to file its response by July last year; it is yet to file the affidavit.
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