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| SC acts on Prof Singh’s petition issues notice to Union Govt and others on ‘Gay matter’ | | |
New Delhi Sept 30
Supreme Court of India today granted permission to Prof Bhim Singh, Chairman, J&K National Panthers Party to file SLP against the judgment of Division Bench of the Delhi High Court on ‘Gay’ matters, party spokesperson said.
The party statement issued from New Delhi stated that three Judges Bench headed by the Chief Justice, K.G. Balakrishnan today issued notice to the Union of India, Government of NCT of Delhi, Commissioner of Police, Delhi State AIDS Control Society, NAZ Foundation and others on a Special Leave Petition filed by Prof. Bhim Singh, Chairman, J&K National Panthers Party against the judgment of the High Court dated 02.07.2009 in which the High Court had declared provisions of Section 377 of the Indian Penal Code unconstitutional to the extent it criminalizes consensual sexual acts of adults in private, as being violative of provisions of Article 14, 19 and 21 of the Constitution of India.
Prof. Bhim Singh, dared to challenge unconstitutional act of homosexuality in the Supreme Court against the High Court judgment. Prof. Bhim Singh in his petition he argued that, "The High Court erred in invoking in the Article 21 of the Constitution to right to have sex is fundamental right but the same is regulated and controlled with public morality. The right to sex is not available to the prisoners as the same is regulated and controlled therefore the misconstruction of application of Article 21 to have sex with same gender is a fundamental right is contrary to the principles laid down in Chapter-III of the Indian Constitution".
He further argued that, "Sexual relationship with same gender is not permissible and the same is contrary to the Islamic, Sikh, Christian and to the Hindu culture and heritage and custom and practice which is protected under Article 13 of the Constitution of India".
He argued that culture called ‘Gays’ and ‘Lesbians’ is Anglo-American cultural invasion against the basics of Indian culture and that’s why it should be nipped in bud.
Those advocates who assisted Prof. Bhim Singh in the Supreme Court included, B.S. Billowria, P.V. Yogeswaran, Mrs. Ritu Puri and others.
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