New Delhi

High Court to hear PIL on daily basis

NEW DELHI: The Delhi High Court on Friday said it would hear on a day-to-day basis a public interest litigation by Naaz Foundation, a voluntary organisation, seeking legal sanction for homosexuality through repeal of Section 377 of the Indian Penal Code whereby the practice of unnatural sex has been made a criminal offence and punishable.

The Court decided to hear the petition on a daily basis when the petitioner pleaded that the matter be heard on priority as it had been pending for three years.

Foundation counsel Anil Grover submitted that time was a crucial factor in the matter as homosexuals were being increasingly victimised by society. Allowing his plea, the Court agreed to hear the matter on a day-to-day basis and posted the petition for hearing on July 21.

The matter has come to the High Court from the Supreme Court that had in 2006 asked the High Court to hear the matter afresh. The Naaz Foundation, which works among sex workers here to make them aware about HIV/AIDS, had approached the Supreme Court following dismissal of its petition in the High Court in February 2004.

Dismissing the petition, a Division Bench comprising Justice B.C. Patel (since retired) and Justice B.D. Ahmed had said that since no cause of action had arisen, the petition could not be filed just to test the validity of the law.

The Union Government had also opposed the petition submitting that if the relevant Section were deleted it would open the floodgates for delinquent behaviour and be misconstrued as providing an unbridled licence for the same. The organisation had sought striking down of the penal provision saying that it violates Articles 14, 15 and 21 of the Constitution.

© Copyright 2000 - 2009 The Hindu