Centre given a deadline to decide on homosexuality

The Delhi High Court today hauled up the Centre for failing to make its stand clear on whether homosexuality should be legalised. The court ...

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.

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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.

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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.