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This is an archive article published on June 28, 2009

Govt works to repeal law against homosexuality

The government is said to be actively working to “repeal” the controversial Section 377 of the Indian Penal Code...

The government is said to be actively working to “repeal” the controversial Section 377 of the Indian Penal Code — drafted in Victorian India — that criminalises homosexuality.

Highly places sources confirmed to The Sunday Express that Home Minister P Chidambaram,Law Minister M Veerappa Moily and Health Minister Ghulam Nabi Azad are scheduled to meet soon to evolve a consensus on the repeal.

“This section is an absurdity in today’s world. The government will certainly move to repeal it,” said a top government functionary.

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The previous UPA government was unable to come to a conclusion following stiff resistance from former Home Minister Shivraj Patil and sections of the Congress’s allies with some of them arguing that certain communities were strongly opposed to lifting the ban on the grounds of religion.

A petition challenging the section is pending in the Delhi High Court. While some have challenged it on medical grounds arguing that the ban prevents many gays from receiving AIDS treatment,others have said that it’s discriminatory and,therefore,a violation of human rights guaranteed under the Constitution.

The previous Health Minister Anbumani Ramadoss had favoured legalising homosexuality and removing discrimination against other vulnerable sections like sex workers to contain the spread of HIV. Patil,on the other hand,had said that such a move would increase criminalisation and encourage child abuse.

Prime Minister Manmohan Singh then directed the ministers to resolve their differences. The High Court,too,told the government to sort out the matter at the earliest.

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With both Patil and Ramadoss and some of the allies who opposed the ban out of the way,sources said,decks have now been cleared.

Chidambaram and Moily are known to be firmly in favour of striking down the law. Azad’s views are not clearly known but sources said he was unlikely to oppose the move.

“It should have been done long ago. The provisions are beyond any reason or logic. But now since there is a consensus emerging on the issue,the decision to repeal is only a matter of time,” said the source.

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