Indian Gay Suit Seeks to Decriminalize Gay Sex
365GAY.COM, December 8, 2001
By 365Gay.com Newscenter Staff
New Delhi—A gay rights group is asking the Delhi
High Court to issue a restraining order preventing the government from
treating male homosexual relations as a crime.
The suit was filed by the Naz Foundation which had been charged earlier
this year with promoting criminal acts in its AIDS information.
The government has until January 28 to file its response to the suit.
In a statement the Foundation said that the criminalization of gay sex not
only violates the right to life and liberty as provided in the Indian
Constitution, but is also an impediment in effective control of AIDS.
Under Indian law homosexual acts are punishable with a maximum sentence of
The Foundation’s brief said that the law provides moral and legal
sanction for the continued social discrimination of sexuality minorities.
"These social effects in turn drive gay men underground, with a
devastating impact upon the AIDS prevention effort. Once underground, they
become extremely vulnerable to AIDS because it becomes difficult for them to
negotiate safe sexual behaviours," the petitioner said. "It also
becomes difficult to identify and target this population for AIDS prevention
efforts through education and medical services," it said.
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