Centre against scrapping Section 377

Calling it a ‘‘social vice’’ and ‘‘a reflection of a perverse mind’’, the Central government on Friday opposed scrapping of Section 377 of Indian Penal Code even as it came under fire from Delhi high court for its affidavit which contains divergent stands as stated by the home ministry and health ministry.A division bench comprising Chief Justice A P Shah and Justice S Muralidhar also wondered why the government’s affidavit protests against the scrapping of Section 377 when, in effect, the NGO limited its plea to toning down of the act to legalize private consensual sex between consenting adults. ‘‘We are concerned about homosexual acts among consenting adults in private here,’’ the bench reminded the government counsel, commenting on the affidavit. HC added: ‘‘Tell us what is the stand of the government on Section 377. Is it valid or not?’’ ‘‘Two affidavits have been filed by the two ministries (home and health). The two ministries are speaking in two voices. What is the stand of the government? Are you clear about the stand the central government is taking on the issue,’’ the bench demanded to know. The additional solicitor general P P Malhotra then said that the government stand is against the petition and he would argue for retention of the penal provisions against homosexual acts.‘‘Homosexuality is a social vice and the state has the power to contain it,’’ he contended. ‘‘It (decriminalizing homosexuality) may create breach of peace. If it is allowed then evils of AIDS and HIV would further spread and harm the people. It would lead to big health hazard. It would degrade moral values of the society,’’ the ASG maintained. He said it is crucial to hold such unnatural behaviour as a criminal offence and its deletion would lead to moral degradation. Countering the contentions of activists, the government said such behaviour is not a natural trait but a reflection of a perverse mind.

Government confusion over Gay rights

The central government is in a bind over the issue of scrapping of section 377 of Indian Penal Code, which deals with criminalization of homosexuality.This came to light on Thursday when counsel for the government sought more time to convey its stand on a petition challenging the legality of this section. Additional solicitor general P P Malhotra submitted before a division bench of the Delhi high court comprising Chief Justice A P Shah and Justice S Muralidhar that the Union Cabinet is trying to reconcile the difference of opinion between the health ministry and home ministry on decriminalization of homosexuality.‘‘It is beyond my hands, the Cabinet is seized of the matter,’’ ASG Malhotra said, while seeking more time. He conceded that the Centre has failed to sort out the differences between the home and health ministries over decriminalization of homosexuality among consenting adults ever since the difference emerged during the earlier hearing on the matter before HC.The high court however refused to adjourn the matter saying the government can file its response during the pendency of the case and said it would like to hear the government’s viewpoint next week. ‘‘Let the Cabinet take the decision. We are not going to pass the order today,’’ the bench said. In their contradictory stand the ministry of home affairs favoured the retention of the penal provision for homosexual acts while the health ministry was against the enforcement of Section 377 in cases involving consenting adults.‘‘Indian society strongly disapproves of homosexuality and disapproval is strong enough to justify it being treated as a criminal offence even where consenting adults indulge in it in private,’’ the home ministry had said in its affidavit. It added: ‘‘Deletion of the Section can open the flood gates of delinquent behaviour and be misconstrued as providing unbridled licence for homosexual acts,’’ and maintained that the section was needed in the IPC to deter sexual abuse and related crimes. The ministry of health, on the other hand, has not favoured the enforcement of the penal provisions against consenting homosexual adults. ‘‘Enforcement of Section 377 can adversely contribute to pushing the persons suffering from HIV underground which would make such risky sexual practises go unnoticed,’’ said an affidavit filed by National Aids Control Organisation (NACO), which comes under the ministry of health. It pitched for legalisation of the section as that would allow better regulation and prevent spread of AIDS. The high court was hearing a public interest petition by Naz Foundation, an NGO seeking abolition of section 377 of IPC. The hearing is expected to continue.