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MHA justifies retention of Section 377, but Health Ministry cites NACO studies

New Delhi: During the hearing, the High Court found two contradictory stands taken by the Government of India, in the form of contrasting affidavits filed by its two ministries. While the Ministry of Home Affairs sought to justify the retention of Section 377, the Ministry of Health and Family Welfare ins ....Read more

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sex between same sexBy: Srini Bodduluri | Friday , 3 Jul '09 14:12:12 PM Reply | Forward Hi, Consensual sex between adults of the same sex is no more a crime according to the High Court of Delhi and this decision is going to make an indelible impact on the sexual behaviors of Indians moving them more towards permissiveness. The 105 page judgment is a scholarly treat, particularly paragraphs 67 to 71 discussing whether homosexuality is a mental illness and paragraphs 75 to 87 discussing whether enforcement of public morality is a compelling object of the State. The argument that criminalizing consensual sex between same sexes drives it underground making services for detection and prevention of HIV etc seems to have found favor with the court. The Supreme Court may stay this judgment and make it ineffective for a while, but Justices Ajit Prakash Shah and S. Muralidhar have not only rejuvenated an ongoing debate on legality of lesbian, gay, bisexual and transgender sexual orientation, but rendered a Legal Decision whose logic is potent enough to be made equally applicable to other offences relating to consensual sex !

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