Delhi HC verdict on panel provision of gay sex likely Toda

Posted on July 2, 2009
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New Delhi: The Delhi High Court is likely to pronounce its verdict tomorrow on the controversial penal provision on homosexuality even as the government is grappling with the option to scrap it from the statute.

A bench of Chief Justice A P Shah and Justice S Muralidhar had reserved its order on November 7 last year after marathon proceedings in which the government had vociferously opposed scrapping of section 377 of the Indian Penal Code which prescribes punishment upto life imprisonment for indulging in unnatural sexual acts.

Before the judgement was reserved, the Ministries concerned with the issue in the previous UPA government had unanimously described homosexuality as “the most indecent behaviour” in society.

The Centre had submitted that gay sex is immoral and reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.

“Every citizen has the right to lead a decent and moral life in society and the right would be violated if such behaviour (gay sex) is legalised in the country,” the government had contended adding allowing gay sex would pose a health hazard to society.

The Centre had said that homosexuals comprise only 0.3 per cent of the population and the right of rest 99.7 per cent of the population to lead a decent and moral life in society would be violated if such behaviour (gay sex) is legalised. See Delhi HC verdict on panel provision of gay sex likely tomorrow

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