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This is an archive article published on July 1, 2009

Delhi HC set to rule on Sec 377

The Delhi High Court’s verdict on the validity of Section 377 of the Indian Penal code is likely be pronounced on Thursday.

The Delhi High Court’s verdict on the validity of Section 377 of the Indian Penal code is likely be pronounced today. The case is heard by Chief Justice A P Shah and Justice S Muralidhar.

The UPA was initially in favour of repealing Section 377 with Law Minister Veerappa Moily calling the law “outdated.” But the Centre later backtracked with both Moily and Health Minister Ghulam Nabi Azad calling for “consensus.”

Section 377 criminalises “carnal intercourse against the order of nature,” a phrase interpreted to ban homosexuality. The petitioners Naz Foundation (along with an activist group ‘Voices Against 377’) argued that the law violated the constitutional rights of homosexuals and that the section should be “read down” to exclude “consensual sex between adults” from its ambit,in effect decriminalising homosexuality in India.

The previous UPA government had opposed the petition. Former MP B P Singhal,who “intervened” to oppose the petition,said that if the HC decided to “read down” Section 377,he would go to the Supreme Court in appeal.

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