New Delhi: The Delhi Commission for protection of Child Rights opposed the Delhi High Court's order of decriminalising gay sex in Supreme Court here on Wednesday. The Commission said that cases that lead to harassment of a particular class (gay community) under Section 377 should be included in the Indian Penal Code (IPC).

Section 377 referred to gay sex as criminal offence punishable upto life imprisonment but such acts were decriminalised by the High Court in landmark verdict in 2009. The verdict was challenged by the child protection commission, social and religious outfits in the Supreme Court.

"How many countries are there where there is such provision (which makes gay sex criminal offence)?" the bench asked senior advocate Amrendra Sharan, who is opposing the High Court's verdict on behalf of the Delhi Commission for Protection of Child Right.

Sharan submitted that penal provision for gay sex is not discrimination on the basis of sexual orientation as Section 377 is only for a particular act and not against a class.

Challenging the high court's verdict, Sharan submitted that the judgement, passed on basis of court decisions in foreign countries, was erroneous, as India's culture is different from others.

A bench of justices G S Singhvi and S J Mukhopadhaya asked them to "broaden the canvas" while opposing the Delhi High Court's order of decriminalising gay sex and not limit their arguments to only carnal intercourse as the final verdict on the issue would have wider implications.’

JPN/Bureau