Last edited: April 16, 2005

Why is Gay Sex Illegal, Asks SC

Times of India, April 2, 2005

NEW DELHI—The Supreme Court on Friday issued notice to the Centre and the Delhi government on a petition questioning the validity of the law that punishes homosexuality.

The petition, filed by an NGO, Naaz Foundation, challenges the constitutional validity of Section 377 of the Indian Penal Code (IPC), which makes all types of ‘unnatural’ sex, including homosexuality, a punishable offence.

Naaz Foundation had first moved the Delhi High Court, which had dismissed the plea, ruling that a petition could not be filed just for testing the validity of a legislation. Naaz Foundation has now challenged this judgment in the Supreme Court.

The apex court’s Bench of Justices Y K Sabharwal and P P Naolekar allowed the impleadment of Kerala-based NGO—Joint Action Council, Kannur (JACK)—which opposed Naaz Foundation’s petition, as a respondent in the matter.

The Bench also sought replies in four weeks from the National Aids Control Organisation, Delhi State Aids Control Society and the Delhi police commissioner on the controversial issue.

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