ASIAN AGE CORRESPONDENT
With agency inputs
NEW DELHI
July 1: The Delhi high court is likely to pronounce the verdict on Thursday on the much-debated seven-year-old petition, seeks to keep homosexuality out of the ambit of law which makes “unnatural” sex a criminal offence. The verdict would be the first to be delivered by an Indian court on a 19th-century law that treats homosexual activity as a criminal offence.
A bench headed by Chief Justice Ajit Prakash Shah had reserved its verdict on November 7 last year.
Countries such as Britain, Australia, South Africa and the US have decriminalise homosexuality that made same-sex activity a crime since 1980s. The petitioners, including voluntary organisation Naz Foundation, argued before the court that the penal provision against homosexual behaviour should be scrapped among two consenting adults who indulge in such acts in private.
The petition said that Section 377 (Unnatural Sex) of the Indian Penal Code (IPC) is violative of their fundamental right.
Section 377 of the IPC says an individual who “voluntarily has carnal intercourse against the order of nature with any man, woman or animal” shall be imprisoned for life or for a term exceeding 10 years and be liable to pay a fine.
Govt open to ‘new thinking’ on legalising homosexuality issue
Meanwhile, amid wrangling on legalisation of homosexuality, the Centre on Wednesday said it was open to bringing “new thinking” on the subject.
Addressing a press conference, Union home minister P. Chidambaram said Prime Minister Manmohan Singh had asked law minister M. Verrappa Moily, health minister Ghulam Nabi Azad and himself to discuss and take a view on the issue of repealing Section 377 of IPC, which criminalises homosexuality. “The meeting is being scheduled. We have a new government, we have new ministers, where we have been asked to take a look at it and they can always bring new thinking on the subject and we still reach the same conclusion. But nothing prevents them from bringing new thinking to the subject.”
Verdict on anti-gay law likely on Thursday
Prachi Bhuchar, Wednesday July 1, 2009, New Delhi
Thursday could be another D-Day as the Delhi High Court could decide on whether being gay should still be illegal and a gay be arrested because of a law that is almost 150 years old. And Chidambaram’s opinion as man in-charge of country’s law and order could be critical.
“We are taking a fresh look at it, we will bring new thinking to it. We may go back to the old position, but that doesn’t mean we cannot bring new thinking to it,” the Home Minister said.
The government is in a bind on whether or not to scrap Section 377, which makes homosexuality a crime. The PM has asked the ministries of Law, Home and Health to arrive at a consensus, but there is still no clarity on what the government stand is.
“I will not answer that question. Please don’t try and get a response on this,” Health Minister Ghulam Nabi Azad said.
Recently the government had hinted that it is reviewing the law, giving hope to gay rights activists. But opposition from various groups against legalising homosexuality has forced the government to tread carefully.
“Earlier, the Home Ministry was negative about Section 377. Now there seems to be a change,” said Sunil Gupta, a gay rights activist.
As the court gets set to deliver its verdict, the big question is — if in fact a rethink of the law is on the cards?
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