India Upholds Jail Sentences for Gays
November 3, 2004
By 365Gay.com Newscenter Staff
New Delhi, India—The Delhi High
Court Wednesday upheld laws that makes gay sex punishable by imprisonment.
The court dismissed a petition by an LGBT rights group
seeking a judicial review of the law which dates back to British colonial
The Naz Foundation said that laws around the world on
homosexuality have drastically changed and India is out of step. Lawyer Anil B
Divan specifically pointed to the US Supreme Court ruling that overturned
“Whatever is available in the US cannot be made
available in India also”, the court observed.
Divan also argued that the ban on gay sex violated the
Indian constitution which guarantees the rights of equality, freedom, and the
right to life and liberty.
The Naz Foundation, which has an AIDS awareness program,
said that the law drives gays underground making it had to educated them about
HIV/AIDS. India has one of the highest AIDS rates in the world.
The government has argued that the law is necessary to
protect society from “deviance”.
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