A spokesperson of the right-wing outfit has said that the criminalisation of homosexuality is questionable.

“I cannot comment on what would be the government’s stand on Section 377. Whether to call homosexuality a crime is questionable. In my view, glorification of certain forms of social behaviour is not something we endorse. But the penalising and criminalisation aspects need to be looked into,” RSS spokesperson Ram Madhav said in an interview to a leading national daily.

While setting aside the July 2, 2009 judgement of the Delhi High Court decriminalising gay sex, the Supreme Court had on December 11 last year held that Section 377 (unnatural sexual offences) of the IPC does not suffer from the vice of unconstitutionality and that the declaration made by the High Court is legally unsustainable.

In 2009, the Delhi High Court held that Section 377 which criminalises consensual sex between adults of the same gender was violative of Article 21 of the Constitution that says no one shall be deprived of life or personal liberty except according to law.

The High court was of the view that Section 377 grossly violated the rights of people who are lesbians, gays, bisexual or transgender. But the view was reversed by the Supreme Court.

The verdict sparked protests across the country and people from different walks of life strongly criticised it.

The Centre and the gay rights activists later moved a review petition in the Apex Court.

While BJP president Rajnath Singh, who is now the Union Home Minister, had called homosexuality an unnatural act, the Congress had mentioned decriminalization of homosexuality in its manifesto for the 2014 Lok Sabha elections.

Madhav’s remark indicates that the RSS, which has hugely influenced the saffron bandwagon, could reconsider its stand on the issue.

JPN/Agencies

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