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SC five-judge bench decision on homosexuality deserves attention of Indian Parliament

New Delhi: September 7, 2018. (PCP) Prof.Bhim Singh, Sr. Advocate of the Supreme Court & Executive Chairman of State Legal Aid Committee, J&K reacting strongly on the five-judge bench of the Supreme Court today striking down Section 377 of the Indian Penal Code opening the gates for homosexuals to destroy the cultural values which have been honoured by all civilized human beings on the earth. Prof.Bhim Singh expressed not only surprise but shock on this judgment by five-judge bench of the Supreme Court opening the gates of freedom of sex with same gender which has been described and taken as uncivilized, unnatural and unacceptable not only by Indian Penal Code but by all cultural, social beings which constitute the civilization of the world.

Prof.Bhim Singh wondered how the Supreme Court could constitute a constitution bench which decided this matter in 2018. Surprisingly on 6th July, 2018 the present bench of the Supreme Court was constituted by the Chief Justice of India replacing Justice A.K. Sikri and Justice Ashok Bhushan thus constituting a constitution bench which delivered a judgment this morning on the writ petition which was filed by the new parties. What happened to the pending Curative Petition which was filed by some other parties against the decision of the Supreme Court itself. The Hon’ble Supreme Court dismissed a review petition itself which was filed against the judgment of the Supreme Court itself. The old curative petition in the same case is still pending before the curative bench. What happened to the fate of this curative petition and how a new writ petition was entertained and under what rules and circumstances a new constitution bench was created. The Supreme Court has already dismissed the review petition on 11.12.2013. A curative writ petition was filed by the Naaz Foundation Trust which was subsequently admitted by the Hon’ble Supreme Court of India. This is surprising for all students of law what happened to the curative petition which was still pending with the Supreme Court of India. Under what legal system the Hon’ble Supreme Court admitted nearly five petitions on the same subject challenging the validity of Section 377 of the Indian Penal Code.

This is surprising how the curative petition was shelved and the new five writ petitions filed in 2018 were taken for hearing on the urgent basis. The Supreme Court has heard the writ petition filed in 2018 and decided the matter this day, September 6, 2018 giving a big surprise about the fate of the curative petition pending in the Supreme Court itself. Supreme Court itself against the decision of a division bench of Supreme Court of itself. Its’ review application was dismissed also by the Supreme Court. Several social activists and human right activists have been fighting for human rights and were registered as respondents in the pending curative petitions before this Supreme Court have decided to take up the matter for the both before the Supreme Court as well as before the Parliament of India. Mr. Ram Murti Sharma, a retired Chief Engineer who has been fighting in defense of Section 377 of Indian Penal Code has made a statement after the today’s judgement he shall take up the matter in any possible form before the Supreme Court. He also described today’s judgment of the Supreme Court as anti-Indian civilization and said that he shall mobilize the Members of the Parliament also in this regard.

Prof.Bhim Singh has appealed the Parliament of India to consider its role in respect of today’s Supreme Court judgment to find out whether the Supreme Court has acted beyond the limit and scope of its constitutional authority it has been provided by the Indian Constitution. Prof.Bhim Singh said that the Supreme Court has not been given authority to act beyond the scope and limit the Constitution has guaranteed the judiciary also. The Supreme Court has no authority to write the law on the Constitution of India. India is composed of ancient cultural and social values. Indian Constitution which has guaranteed Fundamental Rights and Religious Rights to all religions and guaranteed social and cultural rights. Judiciary has not been allowed to act as a legislative authority.