NEW DELHI, May 22, 2008 (LifeSiteNews.com) – The South Asian pro-homosexual group, Naz Foundation, has once again petitioned to the Delhi High Court regarding section 377 of the India Penal Code, which deems homosexual activity illegal and punishable with a maximum sentence of life imprisonment.
In response to the petition, which demands section 377 be struck down as “unconstitutional”, the Delhi High Court has invoked the aid of the Attorney General in a ruling on the case because two of India’s ministries, the Ministry of Home Affairs and Health ministry, have contrasting stances on the decriminalization of homosexual acts.
In 2001, Naz first filed a petition to the Delhi High Court demanding the removal of section 377. The foundation has since filed several subsequent petitions on the issue, such as in 2003 when the Court ruled, “Indian society is intolerant to the practice of homosexuality/ lesbianism.”
The Government again ruled against the petition in 2004, on grounds that Indian citizens did not favour homosexual acts. As observed from a statement issued by a government defense lawyer, “Indian society, by and large, disapproves of homosexuality and justifies it being treated as a criminal offence even when adults indulge in private.”
In 2005, the Government appealed to the same argument, saying India “does not favour” the legalization of homosexual acts.
The Indian Government has over the years remained defiant in upholding the 145-year-old rule criminalizing homosexual activity, amid pressure from many pro-homosexual groups, government ministries and even the UN, which in 2006 condemned section 377 as “puritan” and a “head in the sand” approach to homosexuals.
See Related Coverage:
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India Refuses to Legislate in Favour of Homosexual Acts
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