Centre given a deadline to decide on homosexuality

January 16, 2003

Express News Service

New Delhi, January 15: The Delhi High Court today hauled up the

Centre for failing to make its stand clear on whether homosexuality

should be legalised. The court has also asked for clarification on

whether section 377 of the IPC making homosexuality a penal offence

would be abolished.

The division bench comprising acting Chief Justice Devinder Gupta and

Justice BD Ahmed has given the Union Government a final opportunity

and asked it to submit a detailed affidavit.

``In view of a number of petitions questioning the vires of section

377 of the Indian Penal Code, a notice was issued to the Attorney

General for giving his views. Despite a number of adjournments, no

affidavit is filed by the Centre and a last opportunity is given to

it to submit it in four weeks,'' the court said.

Section 377 of the IPC makes homosexual relations a penal offence and

provides for a maximum of 10 years imprisonment and fine.

The court was hearing a public interest litigation filed by Naaz

foundation seeking legalisation of homosexuality and abolition of

section 377. The government counsel informed the court that the AG's

opinion was awaited.

The court said that no further adjournment would be given and it was

not necessary for the AG to give his opinion in writing and that he

could have argued the matter and placed the government's stand before

the court.

The petitioner had stated that the section was proving harmful as

homosexuals were wary to come out in the open though they were more

prone to HIV infection. Naaz foundation had contended in its petition

that the provisions of section 377 of IPC are violative of the

fundamental rights of a citizen's freedom as defined in the

Constitution.

Section 377 states, ``Whoever has voluntarily sex against the order

of nature with any man, woman or animal, shall be punished with

imprisonment for life, or with imprisonment of either description for

a term which may extend to 10 years.''

The harassment of gays and the sexuality minorities (including

lesbians) constitutes a blatant abuse on their fundamental and human

rights, the petition stated. Sexual relations between private

consenting adults were totally pemissible according to the NGO.

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