Gay sex is immoral and can't be decriminalised, Govt tells HC

Gay sex is immoral and can't be decriminalised, Govt tells HC
outlookindia.com
-0001-11-30T00:00:00+0553
New Delhi, Sep 26 (PTI) Gay sex is immmoral and a reflection of a perverse (rpt perverse) mind and its decriminalisation would lead to moral degradation of society, the Centre today told the Delhi High Court.

"Homosexuality is a social vice and the state has the power to contain it," the government contended.

"It (decriminalising homosexuality) may create breach of peace. If it is allowed then evils of AIDS and HIV would further spread and harm the people. It would lead to big health hazard. It would degrade moral values of society," Additional Solicitor General P P Malhotra contended.

The Centre's stand assumes significance in view of the contradictory stand taken by two of its ministries, with the Home Ministry opposing decriminalisation of such acts while the Health Ministry favouring the scrapping of penal provisions which provide a punishment of upto life sentence for homosexual acts.

Appearing before a bench headed by Chief Justice A P Shah, the ASG said it is crucial to hold such unnatural behaviour (homosexuality) as a criminal offence and its deletion would lead to moral degradation in society.

Countering the contentions of the gay right activists, the government said such behaviour is not a natural trait but a reflection of a perverse mind.

Citing a judgement of Orissa court, he said such behaviour was because of perverse mind which needed to be controlled.

But the court was not satisfied with his contention saying that the order was passed 25 years ago and in that case a boy was sexually assaulted.

"We are concerned about homosexual acts among consenting adults in private so that judgement is not relevant here," the Bench, also comprising Justice S Muralidhar said.

"Much water has flown under the bridge during last 25 years," the court observed.

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