Thursday, September 18, 2008

Centre fails to take a stand in HC on homosexuality law

The Centre in its reply had taken a contradictory stand with Ministry of Home Affairs favouring the retention of the penal provision for homosexual acts while the Health Ministry was against the enforcement of Section 377 in cases involving consenting adults. 

"Indian society strongly disapproves of homosexuality and disapproval is strong enough to justify it being treated as a criminal offence even where consenting adults indulge in it in private," the Home Ministry had said in its affidavit. 

"Deletion of the Section can open the flood gates of delinquent behaviour and be misconstrued as providing unbridled licence for homosexual acts," it had said. 

The Ministry of Health, on the other hand, has not favoured the enforcement of the penal provisions against consenting homosexual adults. 

"Enforcement of Section 377 can adversely contribute to pushing the persons suffering from HIV underground which would make such risky sexual practises go unnoticed," said an affidavit filed by National Aids Control Organisation (NACO), which comes under the Ministry of Health. 

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