Astrologer takes on gay sex law

2009-07-09 14:04

New Delhi - India's Supreme Court agreed on Thursday to hear a petition from a Hindu astrologer who is seeking to annul a recent landmark ruling that decriminalised gay sex.

In his petition, Sushil Kumar Kaushal said "even animals don't indulge in such activities", adding that allowing gay sex would help spread HIV/Aids.

The latest development indicated that despite a recent Delhi High Court ruling, gays in India still face a long battle to gain acceptance - social and legal - in this deeply conservative country where even heterosexual sex is talked about in hushed tones.

"If such abnormality is permitted, then tomorrow people might seek permission for having sex with animals," Kaushal said.

Gays in India are shackled by a law known as Section 377 of the Indian Penal Code, which makes sex between people of the same gender punishable by up to 10 years in prison. The British colonial era law classifies gay sex as "against the order of nature".

Gays achieved a small victory when the Delhi High Court struck down the law on July 2.

While there was no major outcry against the ruling, some conservative religious groups made it clear they would fight it. Among those was Kaushal, a Hindu astrologer, who filed the first petition with the Supreme Court. Leaders of religious groups are also contemplating filing petitions.

The Supreme Court said it will hear Kaushal's petition on July 20 to decide whether it has merit, said Anand Grover, the lawyer for Naz Foundation, a gay rights group that filed the original petition against Section 377 eight years ago.

The Supreme Court also asked the Indian government and the Naz Foundation to appear before it to hear their views.

After listening to all parties, the court will decide whether to temporarily suspend the Delhi High Court order while Kaushal's petition is heard. The Supreme Court ruling will be binding nationally.

While actual criminal prosecutions are rare, the law frequently has been used to harass people.

Homosexuality is slowly gaining acceptance in some parts of India, especially in its big cities. Many bars have gay nights, and some high-profile Bollywood films have dealt with gay issues. The last two years have also seen large gay pride parades in New Delhi and other big cities such as Mumbai and Calcutta.

Still, being gay remains deeply taboo in most of the country, and many homosexuals hide their sexual orientation from friends and families.

- AP