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SC begins adjudicating gay sex issue, to continue hearing it

PTI | 07:02 PM,Feb 13,2012

New Delhi, Feb 13(PTI) The Supreme Court today deferred till tomorrow the hearing on a bunch of appeals, both opposing and supporting the July 2009 verdict of the Delhi High Court, that decriminalised gay sex among consenting adults in private. A bench of justice G S Singhvi and S J Mukhopadhyaya deferred the hearing to Tuesday after briefly hearing a counsel who said the high court verdict had created a confusion. The counsel claimed since July 2, 2009, when the judgement was passed by the high court, the question arose if various other states and union territories too were bound by the high court's judgement as the high court's jurisdiction was limited only to the national capital. "Are you suggesting the high courts have no power to quash a central legislation?" the bench said. As the counsel persisted with his arguments, the apex court said "don't go into the trivialities, come to the substance." Later, it adjourned the matter till tomorrow. The bench was hearing a bunch of petitions filed by anti-gay rights activists and also by political, social and religious organisations, which have opposed the high court verdict decriminalising the homosexual conduct and behaviour. Various gay rights activists, on the other hand, moved the apex court supporting the high court's ruling. Earlier, on February 7 last year, the bench had refused to implead the armed forces in the case on the contentious issue. People and organisations from different fields have come out in support of or against the path-breaking verdict of the Delhi High Court which had sparked a controversy. PTI RB RAX


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