The Hindu : National : Court told to dispose of petition on homosexuality

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Saturday, Feb 04, 2006

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National

Court told to dispose of petition on homosexuality

Legal Correspondent

NGO for repeal of Section 377

New Delhi: The Supreme Court on Friday asked the Delhi High Court to dispose of on merits a petition filed by a non-government organisation seeking legality to homosexuality and declare as unconstitutional Section 377 of the Indian Penal Code (IPC), which makes unnatural sex a criminal offence.

A four-Judge Bench, comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker, Justice R.V. Raveendran and Justice Lokeshwar Singh Panta (who was sworn in on Friday), asked the High Court to decide the issue after Additional Solicitor General Gopal Subramaniam submitted that the issue required consideration on merits.

Senior counsel for the petitioner, Indira Jaising, said the High Court dismissed the petition on the only ground that there was no cause of action. She wanted the matter to be decided on merits, considering the fact that the issue was widely debated the world over. The Bench set aside the High Court order and remitted the petition for fresh disposal.

The Naz Foundation, which said it was working to create awareness among AIDS/HIV affected people, moved the petition in the High Court in 2001, seeking quashing of Section 377 of the IPC as it was important for making homosexuals aware of the ill effects of AIDS. (This Section prohibits any unnatural sex between two persons and makes it an offence punishable both with imprisonment and fine.)

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