1.

The term ‘sex’ as used in article 15 (1) cannot be interpreted so as to include “sexual
orientation” –

Foreign judgements will only serve to introduce foreign cultural norms into Kadia where they
will be at odds with the deeply rooted customs, traditions, and norms of Kadian society.1

Impact of interpreting the word ‘sex’ to include ‘sexual orientation’ on Kadian society -

1. Impact on Institution of Marriage - In Indian society, marriage is perceived as a

system of roles of a man and a woman whose union has been given social sanction as
a husband and wife.2In contemporary societies, marriage is sometimes interpreted
more liberally and includes cohabitation also.3 However, that even this more liberal
definition usually excludes homosexual couples4. Therefore, including “sexual
orientation” would lead a threat and danger to the society’s most fundamental social
institution.5
2. Impact on Institution of Family - The definition of "family" changes as the needs of
the greater society change.6 In today’s liberal society, social institutions have been
reduced severely7 and people define families for themselves. 8 In religious societies,
the family is a reproductive or a biological unit consisting of a man and a woman
having a socially approved sexual relationship. 9 It will further affect the continuation
of progeny. Henceforth, it is submitted that the SONDHEIM society is not ready to
accept such an interpretation of the word ‘sex’ in the current scenario.
3. Impact on other constituent elements of society - Empirical research and clinical
experiences clearly demonstrate that households with a homosexual behaving adult
member inherently [1] impose unique harms of profound stressors on children, [2] are
substantially less stable than heterosexual families, and [3] deprive children of the
needed benefits of having relatively better psychologically adjusted adult family
1
Naz Foundation v. Govt. of NCT of Delhi 160 Delhi Law Times 277.
2
Ram Ahuja, Society in India, 114, (1st Ed.1999).
3
S. Khushboo v. Kanniammal & Anr., Criminal appeal No. 913, (Supreme Court, 18/03/2016); Madan Mohan
Singh & Ors v. Rajni Kant & Anr.,Civil Appeal No. 6466, (Supreme Court, 14/03/2016); D. Velusamy v. D.
Patchaiammal, Criminal Appeal No. 2028-2029, (Supreme Court, 15/05/2010).
4
Available at http://www.encyclopedia.com/doc/1O88-marriage.html, last seen on 12/03/2019.
5
Rhoda E. Howard, Gay rights and right to a family, 23 Human Rights Quarterly, 2001.
6
Gordon Neal Diem, The Definition of "Family" in a Free Society, published by the Libertarian Nation
Foundation , available at http://libertariannation.org/a/f43d1.html, last seen on 15/03/2019.
7
http://www.heritage.org/research/lecture/why-strong-social-institutions-are-needed, last seen on 17/03/2019.
8
Gordon Neal Diem, The Definition of "Family" in a Free Society published by the Libertarian Nation
Foundation , available at http://libertariannation.org/a/f43d1.html, last seen on 17/03/2019.
9
Kuljit Kaur, Legal Education and Social Transformation, The Study Material for the Course of Law and Social
Change, at WBNUJS, (Compiled by Prof. M. K. Sinha for LL. M. First Semester, 2010-11).
 member (mother and father).10 There are also differences in sexual behaviour and
practices by children raised by homosexual parents. They follow the role modelling of
their parents in homosexuality.11 This will also relate to the right to adopt a child by
homosexual couples.12
4. Potential negative impacts of Expansive interpretation of Article 15 on public health –
Sexual relationships between members of the same sex, however, expose gays,
lesbians and bisexuals to extreme risks of STDs, physical injuries, mental disorders
and even a shortened life span.13

Henceforth, it is submitted that considering all the aforementioned authorities and arguments,
the respondent pleads that the word ‘sex’ under Art. 15 should not be interpreted to include
‘sexual orientation’ and the order was within the constitutional ambit of Article 14 and 15
and not arbitrary in any sense.

2. Article 15(1) is not violated.

According to Article 15(1) of the Constitution of Kadia,

“The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.”14

Therefore, in the present case, there is no discrimination on the basis of any of the above
criteria, as TRISCO is firstly not a state, so this provision does not apply on it. Further, ‘sex’
cannot be interpreted in a way to include sexual orientation, as proved above.

10
George A. Rekers, Review of Research on Homosexual Parenting, Adoption, And Foster Parenting, available
at http://www.catholiceducation.org/articles/homosexuality/ResearchReviewHomosexualParenting.pdf, last seen
on 20/03/2019.
11
Larrry Houston, Homosexual Parenting Myth, Chapter 11, 26/05/2007, available at http://banap.net/spip.php?
article82, last seen on 25/03/2019.
12
Article 9(2), European Convention on Human Rights, 1953.
13
https://www.cdc.gov/std/stats17/2017-STD-Surveillance-Report_CDC-clearance-9.10.18.pdf ;
http://naco.gov.in/sites/default/files/HIV%20SENTINEL%20SURVEILLANCE_06_12_2017_0.pdf
14
Article 15(1), Constitution of India.