Last edited: April 16, 2005

Notice to Centre on Plea to Legalise Homosexuality

The Hindu, April 1, 2005

By Our Legal Correspondent

NEW DELHI—The Supreme Court today issued notice to the Centre, the Delhi Government and four others on a special leave petition filed by a non-governmental organisation (NGO) seeking to legalise homosexuality and to declare as unconstitutional Section 377 of the Indian Penal Code (IPC) which makes unnatural sex a criminal offence.

A Bench of Justice Y.K. Sabharwal and Justice P.P. Naolekar issued the notice on the SLP filed by Naz Foundation against a Delhi High Court order dismissing the writ petition. The others to whom the notice was issued were the Delhi Police commissioner, the Delhi State AIDS Control Society, the National AIDS Control Organisation and the Joint Action Council, Kannur, returnable in four weeks.

The Naz Foundation, claiming to be working for creating awareness among the AIDS/HIV-affected people, moved the petition in the High Court in 2001 seeking the quashing of Section 377 of the IPC saying that it was important for making homosexuals aware of the ill-effects of AIDS.

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