The Supreme Court on Wednesday continued with its rap of the Centre for not taking a clear position in homosexuality case and had a dig at the government to claim “neutrality” on the issue. The apex court described it as a new phenomena.
“It is a new phenomena that the state says we are neutral (in a case like this),” a bench of Justices G.S. Singhvi and S.J. Mukhopadhyaya said at the fag end of the day’s proceedings when All India Muslim Personal Law Board counsel questioned the Centre for taking such a position when it is supposed to defend its laws.
Responding to AIMPLA counsel Huzefa Ahmadi’s arguments, the top court said despite taking such a stand, additional-solicitor general Mohan Jain, “says he has instruction from the attorney-general to assist the court.”
The bench apparently was wondering how government could assist the court without making its stand clear. Mr Ahmadi said the government could not afford to take a “neutral” stand on the issue like this, which has far reaching consequences for the emerging social order and simply come to the court to say that it would not defend the provision of a central statue — the IPC — which deals with various kinds of offences of unnatural sex listed under section 377 of the code.
“The government owes an obligation to defend its laws. It can’t say that it will not take a stand,” Mr Ahmadi argued.
While assailing the Delhi hc’s 2009 verdict, decriminalising consensus gay sex, he said the claim of violation of individual’s liberty under section 377 was a “hollow”. He said anal-sex or sodomy, or any other form of unnatural sex was named as criminal offence under section 377 because such acts “offend” the body of other person. Besides, it has been scientifically proved that such sexual activities lead to various kinds of diseases. “If a right has potential to cause harm to any body, no one can claim such a right to be a fundamental right,” Mr Ahmadi said.