New Delhi, Sep 15 - Delhi's child-rights panel Tuesday moved the Supreme Court opposing a high court ruling decriminalising homosexuality, saying it would permit sex between men as young as 18.
The Delhi Commission for Protection of Child Rights (DCPCR) in its lawsuit pointed out that the laws of the land prevent men below the age of 21 from marrying women and even countries like the United Kingdom permit homosexuality between adults above the age of 21.
Admitting the lawsuit, a bench of Justice B.N. Agrawal and Justice G.S. Singhvi issued notices to the union government and the civil society Naz Foundation, seeking their stand on the Delhi High Court verdict.
The high court had in early July decriminalised gay sex between two consenting adults, acting on a lawsuit by the NGO Naz Foundation. The union government has so far not challenged the verdict.
Appearing for DCPCR, former additional solicitor general Amrendra Saran sought immediate suspension of the high court ruling, but the court slated the matter for hearing 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.