Why is Gay Sex Illegal, Asks SC
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 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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