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The Delhi Commission for Protection of Child Rights has filed a petition in the Supreme Court challenging the verdict of Delhi High Court on decriminalising gay sex. The Delhi's child-rights panel in its petition has stated that the Delhi Court ruling allows the sex between young men who are just 18.
The petition points out that according to Indian laws, a man should at least be 21 when he gets married. The petition also cited that even countries like the United Kingdom permit homosexuality between adults only above the age of 21.
Admitting the lawsuit, a bench of Justice B.N. Agrawal and Justice G.S. Singhvi had issued notices to the union government and the civil society Naz Foundation, aking their view on the Delhi High Court verdict.
Appearing for DCPCR, former additional solicitor general Amrendra Saran has called for the suspension of the Delhi high court ruling with immediate effect, but apex court has scheduled the hearing of the same to Oct 1.
In its lawsuit, the DCPCR said it was "constrained to move the apex court challenging the high court ruling as the high court has failed to take into account various aspects related to homosexuality, which actually adversely affect the physiological state of a child".
The DCPCR lawsuit pointed out that for the purpose of consensual gay sex, the Delhi High court ruling has considered a person of age 18 years or above as adult.
"But it is pertinent to point out at this stage that the Sexual Offence Act, 1967 of the United Kingdom partially decriminalizes homosexual acts in private between two males, both of whom must have attained the age 21 years," said the lawsuit.
"So even in the society like England, the minimum age for homosexuality in private is 21 years," said the lawsuit, adding the Delhi High Court's act of allowing homosexuality at the age of 18 years is "unjustified and without reason".
"In other words, the maturity and inability to comprehend the consequences of an act, is not well developed, in an individual of 18 years," said the lawsuit.
"Ironically, the high court ruling allows 18 year old men to indulge in homosexuality, while even the law of the land bars men's marriage below the age of 21 and girl's marriage below the age of 18”.
"Even psychologically and physically, the age of 18 years is the age of changes and turmoil where the inquisitiveness and peer group pressure play a major role in the personality development of the child," said the DCPCR lawsuit.
