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Friday, 24 February 2012

Gay sex highly immoral and against social order, govt lawyer to SC

Indian Express,  Agencies,  New  Delhi: Disapproving  of  gay  sex  as  highly
"immoral" and "against the social order", Additional Solicitor General (ASG) P P Malhotra today strongly opposed its decriminalisation before the Supreme Court. But shortly after the court hearing, the Home Ministry said it had not taken any stand on the Delhi High Court order decriminalising homosexuality. It said the Additional Solicitor General had been asked only to assist the apex court. ASG Malhotra told a bench of justices G S Singhvi and S J Mukhopadhaya: "Gay sex is highly immoral and against the
social order and there is high chance of spreading of diseases through such acts." "Our Constitution is different and our moral and social values are also different from other countries, so we cannot follow them," the ASG said, adding that societal disapproval of gay sex is strong enough reason to criminalise it. Indian society disapproves of homosexuality and law cannot run separately from the society, he contended while opposing the Delhi High Court's order which had in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC). Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence entailing a maximum punishable of life imprisonment. The Supreme Court had yesterday queried from anti-gay rights groups, challenging legalisation of gay sex, about the law on homosexuality prevailing in other nations. Source: Indian Express