New Delhi, April 06: NAZ foundation, in its counter affidavit, filed in the Supreme Court today has claimed that homosexuals has same rights as heterosexuals to establish intimate sexual relations in privacy without interference and are also entitled to have live in relationship.
NAZ foundation, on whose petition Delhi High court had delivered a judgement on July 2 last year decriminialising gay sex between two consenting adults in privacy, has also claimed that homosexuality is part of Right to Life and Section 377 of IPC is violative of Fundamental Right, guaranteed under articles 14, 15 and 21 of the constitution.
According to the foundation, even the law commission of India, in its 172nd report, has recommended deletion of section 377.
The law commission had, however, justified the retention of the section in its 42nd report.
Questioning the locus standi of the petitioners, who have challenged the Delhi High court judgement in the Supreme Court, the foundation has contended that the high court has correctly held that the law should conform only to constitutional morality and not to the standards of moral ethics and religious views of a particular segment of the society. The foundation, in its 60-page counter to the petition filed by B P Singhal, former DGP, UP and elder brother of VHP leader Ashok Singhal, have also contended that the High Court judgement will not encourage other crimes like prostitution, gambling, sati and dowry as claimed by the petitioner.
It also denied that the petition was filed in the High Court by the foundation at the behest of international prostitution mafia and has also denied that gay sex has been condemned almost by all religions claiming that judicial review must be exercised on the basis of secular, constitutional authorities. The apex court will hear the batch of petitions on April 8.
———Agencies