The Hindu : National : Plea to legalise homosexuality opposed

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Monday, Sep 29, 2008
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Plea to legalise homosexuality opposed

Staff Reporter

NEW DELHI: The Union government has supported the stand of the Home Ministry opposing the plea for decriminalisation of homosexuality. It submitted before the Delhi High Court that such a move would cause a health hazard and moral degradation in society.

Additional Solicitor-General P.P. Malhotra told a Division Bench comprising Justice A.P. Shah and Justice S. Muralidhar that homosexuality was immoral and reflection of a perverse mind.

It would debase the moral values of society, cause health hazard by accentuating the problem of AIDS and breach public peace, Mr. Malhotra said.

According to him homosexuality was a social vice and the State had the power and duty to control it.

Mr. Malhotra’s submission was in response to the petition by voluntary organisation Naaz Foundation. The petitioner has sought legalisation of homosexuality between consenting adults.

Fundamental right

The foundation opposed the government’s stand arguing that it could not deny to the gay the fundamental right to equality on the ground that homosexuality was at variance with the existing sexual mores of society.

It also sought decriminalisation on the ground that it would help fight AIDS among gays.

The Union Ministry of Health and Family Welfare supports the petitioner’s view on the ground that it would help voluntary organisations working among AIDS patients to fight the disease among homosexuals.

The Home Ministry argues that decriminalisation would promote delinquent behaviour.

Mr. Malhotra will continue his argument next week.

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