[Reader-list] High Court to Abolish Section 377 IPC (Anti-Sodomy) ?

[Aditya Raj Kaul]

Lord Macaulay wouldn't be smiling in his grave if this comes true.

For Sarai list members - A rumour doing the rounds all day in media suggests
that the High Court may abolish or at least pass a strong verdict against
the Section 377 IPC.

Some experts however say it wouldn't be that easy and the case might be
immediately transferred to the Supreme Court.

Hope this is helpful.

thanks
Aditya Raj Kaul

*More from IANS*

The verdict will be the first to be delivered by an Indian court on a 19th
century law that treats homosexual activity as a criminal offence.

The petitioners, including voluntary organisation Naz Foundation, pleaded
that the criminal provision against homosexual behaviour should be scrapped
for consenting adults who indulge in such acts in private.

The petition said that Section 377 of the Indian Penal Code (IPC) is
violative of their fundamental right.

Section 377 of the IPC says an individual who “voluntarily has carnal
intercourse against the order of nature with any man, woman or animal” shall
be imprisoned for life or for a term exceeding 10 years and be liable to pay
a fine.

During the course of the proceedings, the health ministry and the home
ministry, respondents to the petition, were divided in their opinion, with
the health ministry’s affidavit supporting the petitioners and the home
ministry opposing decriminalization of same-sex activity saying such
behaviour was immoral and could not be allowed in Indian society.