Australian High Court’s verdict on invalidity of law providing gay marriages a fitting reply to the critics of SC judgement
Dr M Rama Jois
The recent judgment of the Supreme Court of India reversing the Judgement of the Delhi High Court striking down S. 377 of Indian Penal Code which made the sexual intercourse against the order of nature was a punishable offence has been subjected to severe criticism by the powerful press and a section of educated classes, but in contrast by its verdict the Highest Australian Court has struck down the country’s first gay marriages law as invalid which has set at naught more than two dozen same sex newlyweds which will now be annulled less than a week after their weedings. The Australian High Court held that Australian capital territory’s law which provided for gay marriages was inconsistent with the federal marriage act which does not provide for the formation or recognition of marriage between same sex couples and that a marriage can be solemnised in Australia only between a man and a women”. Thus divine law of nature has been upheld both by the Supreme Court of India and the Australian Highest court. This Judgement of the Highest Court of Australia is a fitting answer to the critics of the judgment of Supreme Court of India.
It is necessary to recall that in Bharat from times immemorial the law has been as follows vide verse 273 of chapter II of Yajnavalkya smrirti which reads
v;ksukS xPNrks ;ks”kka iq:”ka ok·fi esgr%A
A person having sexual intercourse against the order of nature shall be fined 24 panas.
Verses 177 of chapter 4 of Manusmrati which prescribes a good code of conduct for all reads
Uk ikf.kiknpiyks u us=piyks·u‘tq%A
u L;k}kd~piy’pSo u ijnzksgdeZèkh%AA
An individual should avoid misuse of hands, feet, eyes, speech and do what is straight and right and honest and should not indulge in causing injury to anybody. [IV-177]
Thus misuse of any part of his body by a person which obviously include sex organs for any purpose against the order of nature has been tabooed in Bharateeya way of Life.
These are most ancient and time tested rules which have been rightly upheld by the Supreme Court of India.
Since the day the UPA Government came into power, attacks on the temples, Hindu culture and values of life have increased manifold, says the Vishwa Hindu Parishad (VHP). After legalising live-in relationship and reducing age of consensual sex, now the five-star politicians and so-called human right activists are making hue and cry to decriminalise the un-natural, unethical and unsocial act. Reacting to the recent statements made by such politicians and so-called activists against the honorable Supreme Court and its historical verdict, the state Secretary General of IVHP Shri Satyendra Mohan said instead of decriminalising a crime against Hindu culture and values, the government should treat the imported disease, put a complete ban on liquor & make the moral education mandatory. We have sent a memorandum to this effect to the Prime Minister & the President of Bharat, he added.
Releasing a copy of the memorandum to the media the state media chief of VHP Delhi, Shri Vinod Bansal said that even after an year of Damini case, the Union Govt. couldn’t punish the real culprit who escaped in pretext of his age but made the live-in relationship legalised, lowered the age of consensual sex and now trying to de-criminalise the crime against culture & values of our country. In our letter to the Prime Minister & the President of Bharat we have appraised & appealed them to keep an immediate check on the increased crime against women, arrange a proper treatment of the imported disease-Homosexuality, rather then any efforts to decriminalise it, make the moral education mandatory, apart from complete ban on the liquor. —Bureau Report