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The petitioner also submitted that the army chief had said that no armed force in the world has legalised homosexuality and that it is illegal under the Army Act and the Air Force Act.

He contended that the armed forces be impleaded in the case as their stand is contrary to the judgement of the Delhi High Court, which had decriminalised gay sex among consenting adults in private.

The apex court, however, was not convinced and dismissed his application.