NGO to court: Legalise homosexuality

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NGO to court: Legalise homosexuality

The Delhi Age 8th December, 2001-New Delhi

New Delhi, Dec.7: The Delhi high court on Friday issued a notice to the Centre

among others over a writ petition seeking that homosexuality should be legalized

and sex between consenting adults of the same gender should not be penalized. In

its petition, Naz Foundation, an NGO, said that Section 377 of the Indian Penal

Code was violative of Articles 14, 15, 19 (1) (A-D) and 21 of the Constitution

(fundamental rights relating to equality and freedom.) It said that Section 377

was being misused to harass adults of the same sex who indulge in sexual

activity by consent. Under Section 377 (Unnatural Offence Relating to Sexual

Behaviour,) any police officer can arrest a person involved in such acts and the

person can be punished with a life term if convicted. Calling the section

unconstitutional, the petition said that Section 377 IPC, which equates

homosexuality with sodomy and bestiality, has become a major impediment in the

NGOs HIV/AIDS programs with the " men who have sex with men " community as it lead

to harassment and extortion of NGO workers by the police. A division bench

comprising justices Dewinder Gupta and S.K. Kaul issued notices to the ministry

of social welfare, the Delhi government, commissioner of police and the national

AIDS Control Organisation asking them why the petition should not be admitted.

The next date of the hearing has been fixed for January 28, Naz counsel Anand

Grover on behalf his client submitted before the court that " the discriminatory

attitudes exhibited by state agencies towards sexuality minorities including gay

men, lesbians and transgender individuals has resulted in the denial of their

fundamental rights. " The counsel further added: " Unless the self respect and

dignity of sexuality minorities is restored by doing away with discriminatory

laws such laws as Section 377, it will not be able to promote HIV/AIDS

prevention in the community.

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Jagdish Harsh (jharsh@... )

François-Xavier Bagnoud (INDIA) (www.fxb.org )

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