In a big blow to the LGBT community, the Supreme Court today set aside a landmark Delhi High Court judgement decriminalising gay sex and threw the ball into Parliament's court for amending law, a verdict that came under attack as being "medieval and regressive".
The judgement of the two-judge bench headed by Justice G S Singhvi revives the penal provision making gay sex an offence punishable with life imprisonment in a setback to people fighting a battle for recognition of their sexual preferences.
The much-awaited verdict, reversing the four-year-old High Court judgement, drew sharp criticism from gay rights activists, constitutional experts, including Additional Solicitor General Indira Jaising, and Bollywood celebrities who termed it a "black day" and a "lost opportunity" for the apex court to expand the constitutional values.
Government reacted cautiously to the apex court nudge saying it it would "exercise" the prerogative of making laws.
Upholding the constitutional validity of Section 377 of IPC relating to "unnatural sex", a bench also comprising S J Mukhopadhya, said the provision cannot be struck down merely on the apprehension of its misuse or changing perception of society.
"It is, therefore, apposite to say that unless a clear constitutional violation is proved, this Court is not empowered to strike down a law merely by virtue of its falling into disuse or the perception of the society having changed as regards the legitimacy of its purpose and its need," it said.
The bench, however, put the ball in the court of Parliament to decide on "the desirability" and "propriety" of doing away with the penal provision.
The bench allowed the appeals filed by various social, religious and child rights organisations challenging the high court verdict on the ground that gay sex is against the cultural and religious values of the country.
