In a historic judgement, the Supreme Court yesterday decriminalised homosexuality, announcing consensual sex between adults of the same gender in private is no longer a crime under the IPC section 377. CJI Deepak Mishra and Justice Khanwaliker, reading the verdict, reportedly stated that discrimination on the basis of sexual orientation is a violation of freedom of speech and expression. During the initial hearings in July, Additional Solicitor General Tushar Mehta, appearing for the government of India had stated that the Indian government will not contest the challenge to section 377 and will leave the judgement to the SC’s wisdom, so far as the SC limits the constitutional validity of section 377 to ‘consensual acts of adults in private’.
The Milli Gazette, which calls itself a ‘leading news source’ for Indian Muslims, however, referred to the judgement as ‘a step towards self-destruction’.
While sharing the article on decriminalisation of gay sex, The Milli Gazette calls the judgement as ‘violating God’s laws’ and hence it would be a step to ‘self-destruction’.
There are some schools of Islam which do not approve of homosexuality. In countries like Afghanistan, Brunei, Iran, Saudi Arabia, Sudan, Somalia, Yemen and The United Arab Emirates, homosexuality activities carry death penalty [pdf].
In May 2016, a group of 51 Muslim states blocked 11 gay and transgender organisations from attending a high-level meeting at the United Nations on ending AIDS. Egypt wrote to the president of the 193-member general assembly on behalf of the Organization of Islamic Cooperation to object to the participation of the 11 groups. In India, too, Darul Uloom Deoband yesterday slammed the Supreme Court’s decision saying that according to Shariat, homosexuality is haram and illegitimate.