New Delhi: BJP leader Subramanian Swamy on Monday said that Section 377 of the Indian Penal Code cannot go as those people who flaunt they are homosexual need to be punished.
Swamy’s comments came after the Supreme Court indicated that it would revisit its 2013 judgment that upheld the controversial statute, which criminalises homosexuality.
Swamy said that the LGBT (lesbian, gay, bisexual, and transgender) community can do whatever they want to do but "in privacy" and not "celebrate" their sexual orientation.
"As long as they don't celebrate it, don't flaunt it, don't create gay bars to select partners it's not a problem," he said.
A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said the issue arising out of Section 377 required to be debated upon by a larger bench.
Section 377 of the IPC refers to 'unnatural offences' and says 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 pay a fine.
The bench was hearing a fresh plea filed by one Navtej Singh Johar seeking to declare Section 377 as unconstitutional to the extent that it provides prosecution of adults for indulging in consensual gay sex.
Senior advocate Arvind Datar, appearing for Johar, said the penal provision was unconstitutional as it also provided prosecution and sentencing of consenting adults who are indulging in such sex.
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