HC reserves order on decriminalisation of gay sex (Gay/Lesbian)

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New Delhi, Nov 7 (UNI) The Delhi High Court today reserved its order on a petition filed by gay rights activist, Naaz Foundation, seeking abolition of section 377(unusual sex) of the IPC as it violates their Fundamental Rights.

A bench comprising Chief Justice A P Shah and Justice S Murlidhar after conclusion of lengthy arguments from all the parties concerned reserved its verdict.

The arguments were going on in the court on day to day basis for the last several weeks.

Anand Grover, lawyer for Naaz Foundation said Section 377, IPC, was enacted in 1860 under the British Raj in line with the anti-sodomy laws in England at that time, but now with the changing times the law needs to be abolished.

The Centre is fighting to retain Section 377. Additional Solicitor General P P Malhotra has objected to the removal of the section 377.

He said it would increase the probability of spreading the HIV disease.

''Unusual sex should not be encouraged in our country as we have a long history of having traditional values which will be eroded,'' Mr Malhotra said.

''The West is looking towards India to emulate traditional values to keep the family culture going and we are trying to emulate the West which will be disastrous,'' he said.

To play with the works of nature will not benefit the society in any way, Mr Malhotra said.

He cited an article using pieces of a religious text as part of the argument to keep the law.

Mr Malhotra said Gay sex is prohibited since ancient times and to decriminalise it will play havoc in the society.

The bench asked for more scientific proof to back up the Centre's claim that gay sex was harmful to health and to society.

The health ministry has a different version--it says that the HIV patients do not come forward for treatment as they fear to be prosecuted.

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