[Reader-list] HC rejects suit to legalise homosexuality

[Shivam]

HC rejects suit to legalise homosexuality
Friday September 3 2004
IANS

NEW DELHI: The Delhi High Court on Thursday dismissed a public
interest petition seeking the legalisation of homosexuality in the
country.

Dismissing the petition, a division bench of judges B.C. Patel and
B.D. Ahmad said that since no cause of action had arisen, a suit
could not be filed just to test the validity of Section 377 of the
Indian Penal Code, which prohibits voluntary unnatural sex.

Naaz Foundation, a NGO working to create awareness about AIDS among
sex workers in the capital, had filed the petition. The NGO had
sought the repeal of the penal provision, saying it violated Articles
14, 15 and 21 of the constitution relating to equality before law and
prohibition of discrimination on grounds of sex among other things.

The government, however, opposed the petition on the ground that if
the penal provision were repealed, it would promote delinquent sexual
behaviour in society.

The central government's counsel said the Law Commission too had
considered this issue and ruled out the repeal of the provision.

He further said that Section 377 had been inserted in the law book to
prevent child sex abuse and to remove lacunae in the rape law.