HC dismisses review petition on validity of Section 377 of IPC

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HC dismisses review petition on validity of Section 377 of IPC

Press Trust of India. New Delhi, November 3

The Delhi High Court on Wednesday dismissed a petition seeking

review of its order rejecting a PIL challenging the constitutional

validity of Section 377 of the Indian Penal Code (IPC), which makes

all kinds of unnatural sex, including homosexuality, a punishable

offence.

" The review petition cannot be entertained " , a Division Bench of

Chief Justice BC Patel and Justice BD Ahmed said dismissing the

petition filed by Naz Foundation.

Earlier, Senior Counsel Anil B Divan pointed out on behalf of the

NGO that the Court had erred in dismissing the petition as it failed

to take into account recent judgments of the Supreme Court on the

question of locus standi.

Divan also submitted that the law on homosexuality has drastically

changed in various parts of the world, including the US and the

European Union countries.

" Whatever is available in the US cannot be made available in India

also " , the Court observed.

The Bench had on September 2 last dismissed the petition filed by

Naz Foundation on the ground that there was no cause of action for

the petitioner to approach the Court.

" A petition cannot be filed just for testing the validity of a

legislation, " the Bench had said.

The NGO, which works for AIDS awareness, had filed the PIL in 2001,

seeking to declare section 377, IPC as violative of right to

equality (Article 14), right to freedom (Article 19) and right to

life and liberty (Article 21) of the Constitution.

The Centre had opposed the petition saying homosexuality cannot be

legalised in India as the society disapproves of such behaviour.

" Law does not run separately from the society. It only reflects the

perception of the society. Public tolerance of different activities

change and the legal categories get influenced by these changes.

" The public, notably in UK and US have shown tolerance of new sexual

behaviour or sexual preference, but it is not universally accepted

behaviour. Objectively, speaking, there is no such tolerance to the

practice of homosexuality/ lesbianism in Indian society, " the Centre

had stated.

However, the NGO felt that the Court should have taken into account

the grave threat to public health by proliferation of HIV as Section

377 was leading to marginalisation of homosexual minority and

preventing them from coming in the open for help.

http://www.hindustantimes.com/news/181_1088844,0008.htm