Ignore Ramadoss's stand on gays: Govt to HC

[Guest guest]

Ignore Ramadoss's stand on gays: Govt to HC

Neha Khanna/ Tuesday, September 30, 2008, (New Delhi)

It's a case that is being closely watched around the country. The

Delhi High Court is nearing the end of daily hearings on a petition

that seeks to legalise homosexuality, which continues to be a crime

in India inviting a life sentence.

Last week, the court had some scathing words for the Centre which has

argued that homosexuality can create law and order problems. The

judge asked: " How can something that happens in private breach public

peace? "

The case has also exposed a huge divide in the government. The Health

Ministry wants homosexuality legalised but the Home Ministry does

not. Meanwhile, replying to the question raised by the HC, the Centre

has said that ignore the stand of the Health Ministry on

homosexuality issue.

It also said that laws made by Parliament prevail over the views of a

particular ministry.

The Indian Penal Code as we know it today was formulated by the

British way back in 1860. It was then that Section 377 was also

introduced.

Interestingly, the UK government repealed this law in 1967 and those

fighting the law say it's high time the Indian government followed

suit.

The Centre says homosexuality will cause adverse health impacts. So

the court asked if the health of a section of the society is being

affected due to Section 377 why don't you address the issue?

The Centre's responded saying, " We have to think about the rest whose

health will be affected if homosexuality is legalized. "

But the Health Ministry wants to make homosexuality non-punishable as

the latest figures from NACO show an estimated 22 million men in

India have sex with men and around 10 per cent of them are believed

to be vulnerable to HIV/AIDS.

During earlier arguments, the court had questioned the Centre's views

against homosexuality and even called them outdated.

The Centre's view that homosexuality could cause more HIV/AIDS

patients even made the court remark: " Then why don't you ban sexual

intercourse altogether? "

Activists say that Section 377 goes against fundamental rights.

" I think this fight is about human rights. This fight is about

privacy, dignity and equality, " said Sumit Baudh, an activist from

Voices Against 377.

As per current laws, homosexuality can invite punishment up to life

term. And as the court gets ready to deliver its verdict the interest

in the ongoing debate is getting stronger than ever before.

http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080067177