A Bench of the Delhi High Court headed by Justice A P Shah said, "Show us one report which says that it is a disease. A WHO paper says that it is not a disease but you are describing it as a disease. It is an accepted fact that it is a main vehicle that causes (AIDS) disease but it is not a disease itself."
The Central government earlier have described homosexuality a disease and as an indecent behaviour in society. It also claimed that homosexuals comprise only 0.3 per cent of the population and the right of rest 99.7 per cent population cannot be compromised for them.
However, the Bench took strong exception to the government's contention and said the matter (pertaining to legalising gay sex) is still under consideration and the Centre should not make such a submission.
Malhotra also said that AIDS is already spreading in the country and if gay sex is legalised then people on the street would start indulging in such practises saying that the High Court has given approval for it.
The Court was hearing a bunch of petitions filed by gay rights activists seeking decriminalisation of gay sex among consenting adults, which at present is an offence.