‘Decriminalising unnatural sex will impact other laws’
The landmark ruling of the Supreme Court decriminalising ‘unnatural sex’ (Section 377) will make an impact on slew of laws including family law, criminal law and so on. Apart from these, several more challenges will have to be coped, said the legal luminaries on Wednesday.
The view was expressed by noted advocates, who were speaking at the Corporate Legal Counsel summit, organised by Inventicon. The advocates while maintaining they do not oppose the SC ruling, said that now the law makers will face challenges to bring about amendments in several laws.
Advocate Sujeet Jain of Viacom 18, in his speech, said, “When the government does not want to decide on sensitive issues, it conveniently shrugs it responsibilities upon the SC. Thus, the apex court has always played a vital role in deciding and interpreting laws in sensitive matters.”
“The recent ruling decriminalising unnatural sex between consenting adults, will obviously inherit mammoth changes in family law.” Jain added
He explained his view saying, “Firstly, the marriage laws will require to be modified so that homosexual couples are permitted to marry. Once this is done, then there is a further need to amend the family laws as there are chances that disputes can arise between such couples.”
Similar was the opinion expressed by advocate Rajinder Singh, the CEO of Lex Jurists. He said, “The impact of the SC ruling is not restricted only to family laws but also the criminal law will have to undergo several changes.”
“For instance, now if a man rapes another man, then there is a need to amend the criminal provisions as the entire Indian Penal Code (IPC) is silent on such crime. And it is only the Prevention Of Children from Sexual Offences (POCSO) which has provisions for protection of male children,” Singh explained.
‘The marriage laws will require to be modified so that homosexual couples are permitted to marry. Once this is done, then there is a further need to amend the family laws as there are chances that disputes can arise between such couples’