Curbs on gay sex is violation of fundamental right, HC told

Posted on September 27, 2008
Filed Under Gay News Blog

New Delhi, Sep 25 (PTI) The gay rights activists today contended before the Delhi High Court that the government cannot infringe upon their fundamental right to equality by decriminalising homosexual acts on the ground of morality.
“The Constitution gives fundamental right to equality and it prohibits discrimination on the basis of sex. But these rights of 25 lakh homosexuals in the country are being violated,” Advocate Shyam Diwan, appearing for gay rights activists said before a bench headed by Chief Justice A P Shah.

The Court was hearing a petition filed by a bunch of NGOs, including Naz Foundation, seeking court’s direction to decriminalise homosexual acts among consenting adults by amending Section 377 of Indian Penal Code.

The IPC at present holds homosexual act as an offence and the Section provides a punishment of up to life imprisonment for indulging in such acts. See Curbs on gay sex is violation of fundamental right, HC told
Press Trust of India, India