Date:16/10/2008 URL: http://www.thehindu.com/2008/10/16/stories/2008101661000300.htm

New Delhi

Centre asked to justify its opposition to homosexuality

Staff Reporter

NEW DELHI: The Delhi High Court on Wednesday asked the Centre to justify its opposition to de-criminalisation of homosexuality on a scientific basis, not on religious or moral grounds.

A Division Bench of the Court comprising Justice A.P. Shah and Justice S. Muralidhar made this observation when Additional Solicitor-General P P. Malhotra tried to buttress his argument against the plea for allowing homosexuality between consenting adults by referring to an article carrying quotes from the Bible.

The Bench said it had no objection to the Solicitor-General making reference to articles or stories having religious or moral views against homosexuality but it wanted him to make out a case against its de-criminalisation on the basis of scientific reports.

Mr. Malhotra had taken a moral stand on the issue before the Court, submitting that legalisation of homosexuality would lead to a rise in delinquency in society.

The Bench asked him to submit to it World Health Organisation reports showing any rise in health hazards due to a ban on homosexuality.

It said it would only go by the National Aids Control Organisation’s affidavit that had, among other things, argued for de-criminalisation of homosexuality among consenting adults to fight AIDS.

The Bench has been hearing arguments by the Centre and non-governmental organisation Naaz Foundation for and against homosexuality.

The voluntary organisation had sought its de-criminalisation on the basis of the fundamental rights to life and liberty, freedom of expression and equality.