The Delhi High Court judgment legitimising same sex  relations between consenting individuals has given rise to lot of he and cry. Certain sections of society have strongly resented the Delhi High court judgment as according to them the Indian culture and traditions are endangered and western culture  casting its evil spell on Indian youth will get a boost by this judgment. Even Yoga teacher Swamy Ram Dev has made it an issue.

The criticism of the critics of the High court Decision flows from the notion that every thing offensive to them is western and all that is good is Indian or rather Hindu. But then facts on ground do not support them. Homo sexuality is more common in villages where so called western influence is the least.  Secondly, homo sexuality is treated as deviation from normal practice in West as well. The gay and lesbian are still fighting for their due place in society in many western countries even today. Christianity does not permit gay and lesbian relations. Thus homosexuality is an indegenous issue and this has nothing to do with so called western influence.

Moreover this is fallafacious to say that Delhi High court has legitimised homosexuality. Morality or social acceptability is not in domain of judicvial authority. All that Honourable Court has done is to decriminalize same sex relation between consenting individuals. Moreover Section 377 of Indian Penal Code is not exclusivively about homosexuality. The section is about unnatural offences involving not only males but also women and animals. according to the section, any one who has voluntarily carnal intercourse against the order of nature with man, woman or animal shall be punishable with life imprisonment, imprisonment for ten years and fine. Delhi High Court has partially modified so that homosexual relation between consenting individuals is nto punishable. Thus, Court does not lay down that homosexuality is acceptable. Homosexuality is till an abnormal behaviour and undesirable. But this is no longer punishable. All offences are not punishable unless agrieved party complains. Even adultery is punishable only when husband of the involved woman complaints. In absence of complaint by husband of the woman involved in adultery, the crime is not punishable. In case of homosexual relations, between consenting individuals, there is no agrieved party and accordingly, the Hon'ble High court of Delhi has very aptly ruled that there can be no punishment in such cases. This cannot be considered as legitimising homosexuality.

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