New Delhi: Responding to Supreme Court of India judgment legalizing homosexuality – gay and lesbian sex, Muslim NGOs have said the move will only invite more trouble and increase sexual violence.
“Rampant sexual assault has already plagued our society. The Supreme Court’s verdict to legalise homosexuality will only increase this and will create more problem than solving any”, Mahmood Madani, General Secretary of Jamiat Ulema e Hind said.
“It would have been wiser if the Apex Court had stick to its stand taken in 2013”, he added.
The Supreme Court of India on Thursday, decriminalised gay and lesbian sex - consensual sex between two adults irrespective of their gender and also partially struck down Section 377 of the Indian Penal Code (IPC).
A five-judge bench, headed by Chief Justice of India Dipak Misra and comprising Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, unanimously delivered the judgment after hearing a number of petitions challenging criminalisation of homosexuality.
LGBT Community has same rights as of any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible," said Chief Justice Dipak Misra during the hearing.
As per Section 377 of the Indian Penal Code (IPC), “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Mahmood Madani said by allowing LGBT sex we will be inviting anarchy as it would result in more sexual assault and crime against women and children.
“We are not against basic and fundamental rights. But, in the name of freedom, we cannot push the society to disaster just to please the wishes of few misguided people”, he said.
“Homosexuals have always been part of the society. But, they never got religious sanctions or permission from scriptures. No one legalise them because its suicidal and betrayal in a peaceful society”, he said.
In its response, Jamaat-e-Islami Hind (JIH) expressed disappointment over the Supreme Court verdict to legalize homosexual behavior between two consenting adults, effectively scrapping section 377 of IPC and overturning the earlier judgment of the Delhi High Court.
The Jamiat along with leaders of different religious organisations had welcomed the decision of the Supreme Court (delivered on 11 Dec 2013) wherein the SC had refused to do away with section 377 and persisted with the view that homosexuality is a criminal offence.
"With that historic decision, the apex court had kept the country from going on to the path of moral degradation. But today the SC has ruled that ‘human sexuality cannot be confined to a binary and that homosexuality is not a mental disorder’", Muhammad Salim Engineer, General Secretary of JIH, said, “Jamaat-e-Islami Hind is dismayed
“Thus decriminalizing homosexuality and permitting male-male and female-female marriage will destroy the family system and prevent the natural evolution and progress of the human race", he added.
"Jamaat firmly believes in the fundamental rights of all citizens and is a strong advocate of freedom and minority rights. However we wish to remind fellow citizens that with freedom comes moral responsibility and no society can accept crimes, vices and anarchy in the name of freedom and personal liberty", he said.
“We need to save this country from falling into sexual anarchy, protect our children from vile sexual predators, safeguard the rights of our daughters and sisters and prevent the infringement of the fundamental rights of its citizens as the abrogation of section 377 of IPC will have a cascading effect on the Personal Laws of many religions. We sincerely hope and pray that the country will be rescued from the dark precipice it is rushing headlong into", he said.
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