The Delhi High Court on Wednesday told the Centre to come up with scientific proof showing that decriminalisation of homosexual love will cause the spread of HIV/AIDS virus, rather than banking on religious texts.
Additional Solicitor General P P Malhotra was stopped short of quoting from an article referring to the Bible on gay sex. "We should not accept religious literature instead of scientific reports," a Bench, headed by Chief Justice A P Shah, said. "These are not scientific reports. These articles quoting the Bible are propaganda. Your arguments should be based on scientific reports. Show us scientific reports which justify criminalisation of such acts (gay sex)," the Bench observed.
The Bench, also comprising Justice S Muralidhar, asked the Government to place before it reports of the World Health Organisation on the issue of health hazards arising out of criminalisation of gay sex.
"We are not taking it (religious literature). We will be going by your report submitted by the National AIDS Control Organisation (NACO). We would rely on the NACO report. You can counter it by some scientific report. Show us what World Health Organisation says on the issue. We can rely on those scientific reports," the Bench said.
The NACO, in its affidavit filed on behalf of Union Health Ministry, had said that gay sex among consenting adults should be decriminalised.